Conveyancing Amendment (Scotland) Act 1938

5 Amendment of Act of 1924, s. 21

Subsection (4) of section twenty-one of the Act of 1924 shall have effect as if for paragraph (a) thereof there were substituted the following paragraph:—

“(a) The right to courtesy of any widower whose wife has died after the commencement of this Act, and the right to terce of any widow whose husband has died after the commencement of this Act, shall not be measured by the infeftment of such wife or husband, or depend on the completion of the title of such wife or husband by the recording thereof in the appropriate Register of Sasines, but the widower's right to courtesy shall extend to all estate (being estate to which his right to courtesy would have extended if his deceased wife's title thereto had been completed by infeftment) to which his deceased wife had a personal title capable of being completed by infeftment, or by being recorded in the appropriate Register of Sasines (including estate to which her title might be completed as aforesaid held in trust for her behoof), or to which she had a personal right capable of enforcement by adjudication in implement or otherwise; and the widow's right of terce shall extend to all estate (being estate to which her right of terce would have extended if her deceased husband's title thereto had been completed by infeftment) to which her deceased husband had a personal title capable of being completed by infeftment, or by being recorded in the appropriate Register of Sasines (including estate to which his title might be completed as aforesaid held in trust for his behoof), or to which he had a personal right capable of enforcement by adjudication in implement or otherwise.”