SCHEDULE 28Consequential amendments: Scotland
Part 1Amendments of the Succession (Scotland) Act 1964 (c. 41)
1
In section 1(2)
(intestacy: saving for legal rights or prior rights), after “spouse” insert “
or civil partner
”
.
2
In section 2(1)(e) (intestacy: succession rights of surviving spouse)—
(a)
for “or a wife” substitute, “
, wife or civil partner
”
, and
(b)
after “spouse” insert “
or civil partner
”
.
3
In section 5(1)
(representation on intestacy), for “or spouse” substitute “
, spouse or civil partner
”
.
4
In section 8 (prior rights on intestacy in dwelling house and furniture), in subsections (1), (3) and (4), after “spouse”
(in each place, including the provisos to subsections (1) and (3)) insert “
or civil partner
”
.
5
In section 9 (prior right to financial provision on intestacy)—
(a)
in subsection (1), for “or wife, the surviving spouse” substitute “
, wife or civil partner the survivor
”
, and
(b)
in the proviso to that subsection and in subsections (2), (3), (4) and (6), after “spouse”, (in each place) insert “
or civil partner
”
.
6
In section 10(2)
(calculation of legal rights), for “jus relicti, jus relictae or legitim” substitute “
legal rights
”
.
7
In section 15(2)(a)
(transfer of heritage in satisfaction of claim to legal rights or prior rights), after “spouse” insert “
or civil partner
”
.
8
In section 16(2)
(transfer of interest of tenant notwithstanding condition prohibiting assignation), after “spouse” insert “
or civil partner
”
.
9
In section 31(1) (presumption of survivorship in respect of claims to property)—
(a)
after “spouse” insert “
or civil partner
”
, and
(b)
in paragraph (a), after “wife” insert “
or civil partners to each other
”
.
10
In section 36(1)
(interpretation), in the definition of “prior rights”, after “spouse” insert “
or civil partner
”
.