Succession (Scotland) Act 1964

23 Adopted person to be treated for purposes of succession etc. as child of adopter. S

(1) For all purposes relating to—

(a) the succession to a deceased person (whether testate or intestate), and

(b) the disposal of property by virtue of anyinter vivosdeed,

an adopted person shall be treated as the child of the adopter and not as the child of any other person.

In this subsection and in the following provisions of this Part of this Act any reference to succession to a deceased person shall be construed as including a reference to the distribution of any property in consequence of the death of the deceased person and any claim to legal rights or the prior rights of a surviving spouse out of his estate.

(2) In any deed whereby property is conveyed or under which a succession arises, being a deed executed after the making of an adoption order, unless the contrary intention appears, any reference (whether express or implied)—

(a) to the child or children of the adopter shall be construed as, or as including, a reference to the adopted person;

(b) to the child or children of the adopted person’s natural parents or either of them shall be construed as not being, or as not including, a reference to the adopted person; and

(c) to a person related to the adopted person in any particular degree shall be construed as a reference to the person who would be related to him in that degree if he were the child of the adopter and were not the child of any other person:

Provided that for the purposes of this subsection a deed containing a provision taking effect on the death of any person shall be deemed to have been executed on the date of death of that person.

(3) Where the terms of any deed provide that any property or interest in property shall devolve along with a title, honour or dignity, nothing in this [F1 section or in the Children Act 1975 or in the Adoption (Scotland) Act 1978 [F2 or in the Adoption and Children (Scotland) Act 2007 (asp 4)] shall prevent] that property or interest from so devolving.

(4) Nothing in this section shall affect any deed executed, or the devolution of any property on, or in consequence of, the death of a person who dies, before the commencement of this Act.

(5) In this Part of this Act the expression “adoption order”—

[F1 [F3 (a)] has the same meaning as in section 38 of the Adoption (Scotland) Act 1978 (whether the order took effect before or after the commencement of this Act)[F4 ; and

(b) includes an adoption order within the meaning of section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4);]

and “adopted" means adopted in pursuance of an adoption order].

Textual Amendments

F1 Words substituted by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66, Sch. 3 para. 4

F2 Words in s. 23(3) inserted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 1(2)(a); S.S.I. 2009/267, art. 2 (with arts. 3-21) (as amended by S.S.I. 2012/99, art. 2)

F3 Words in s. 23(5) renumbered as s. 23(5)(a) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 1(2)(b)(i); S.S.I. 2009/267, art. 2 (with arts. 3-21) (as amended by S.S.I. 2012/99, art. 2)

F4 S. 23(5)(b) and word inserted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(1), 121(2), Sch. 2 para. 1(2)(b)(ii); S.S.I. 2009/267, art. 2 (with arts. 3-21) (as amended by S.S.I. 2012/99, art. 2)

Modifications etc. (not altering text)

C1 S. 23 saved by Legitimation (Scotland) Act 1968 (c. 22), ss. 2(6), 6(2)

C2 S. 23(1) excluded by Law Reform (Miscellaneous Provisions)(Scotland) Act 1966 (c. 19), s. 5(1)

C3 Definition in s. 23(5) applied (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 25(5), 89(2), Sch. 2 Pt. III, para.1 (with s. 45(3), Sch. 12 para. 3)