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Succession (Scotland) Act 1964
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- 1964 c. 41
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29 Right of tenant to bequeath interest under lease.S
(1)A bequest by a tenant of his interest under a tenancy or lease to any one of the persons who, if the tenant had died intestate, would be, or would in any circumstances have been, entitled to succeed to his intestate estate by virtue of this Act shall not be treated as invalid by reason only that there is among the conditions of the tenancy or lease an implied condition prohibiting assignation.
(2)This section shall not prejudice the operation of section 16 of the M1 Crofters Holdings (Scotland) Act 1886 or [F1[F2sections 11 or 12A to 12C] of the Agricultural Holdings (Scotland) Act 1991][F3or section 21 of the Agricultural Holdings (Scotland) Act 2003 (asp 11)] (which relate to bequests in the case of agricultural leases) [F4or of section 10 of the M2Crofters (Scotland) Act 1955 (which makes similar provisions in relation to crofts.)]
Textual Amendments
F1Words in s. 29(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para.25 (with s. 45(3), Sch. 12 para. 3)
F2Words in s. 29(2) substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 14(3) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
F3Words in s. 29(2) inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 94, 95(3)(4), Sch. para. 2(2) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with art. 3, Sch.)
F4Words added by Law Reform (Miscellaneous Provisions)(Scotland) Act 1968 (c. 70), s. 8, Sch. 2 Pt. I para. 27
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