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Abolition of Feudal Tenure etc. (Scotland) Act 2000
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Abolition of Feudal Tenure etc. (Scotland) Act 2000, Section 68 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 18C(1) words repealed by 2004 asp 7 sch. 2
- s. 18C(3) words repealed by 2004 asp 7 sch. 2
68 Certain applications to Sheriff of ChanceryS
This section has no associated Explanatory Notes
After section 26 of the Titles to Land Consolidation (Scotland) Act 1868 (c.101) there shall be inserted—
“26A Application for declarator of succession as heir in general or to specified lands
On an application being made by any person having an interest, the Sheriff of Chancery may, if satisfied that—
(a)such deceased person as may be specified in the application died before 10th September 1964 and that person either—
(i)was domiciled in Scotland at the date of his death; or
(ii)was the owner of lands situated in Scotland to which the application relates; and
(b)the applicant, or as the case may be such person as may be specified in the application, has succeeded as heir to that deceased, and is either—
(i)heir in general; or
(ii)heir to such lands as may be specified in the application,
grant declarator that the applicant, or as the case may be such person as may be specified in the declarator, is the heir in general or heir to the lands so specified.
26B Application for declarator of succession as heir to last surviving trustee under a trust
On an application being made under this section, the Sheriff of Chancery may, if satisfied that—
(a)such deceased person as may be specified in the application was the last surviving trustee named in, or assumed under, a trust;
(b)the trust provides for the heir of such last surviving trustee to be a trustee;
(c)either—
(i)the trust is governed by the law of Scotland; or
(ii)lands subject to the trust and to which the application relates are situated in Scotland; and
(d)the applicant has succeeded as heir to the deceased,
grant declarator that the applicant is the heir of the deceased and accordingly is a trustee under the trust.
26CConstruction of reference to service of heir
A reference in any enactment or deed to a decree of service of heir (however expressed) shall include a reference to a declarator granted under section 26A or 26B of this Act.”.
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