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Titles to Land Consolidation (Scotland) Act 1868
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Changes over time for: Section 117
Version Superseded: 28/11/2004
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- 01/02/1991- Amendment
- 20/05/1999
Point in time - 28/11/2004- Amendment
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117†Heritable securities to form movable estate; except where conceived in favour of heirs, excluding executors, and quoad fiscum.U.K.
From and after the commencement of this Act no heritable security granted or obtained either before or after that date shall, in whatever terms the same may be conceived, . . . F1, be heritable as regards the succession of the creditor in such security, and the same, . . . F1; shall be movable as regards the succession of such creditor, . . . F1 provided that all heritable securities shall continue, and shall be heritable quoad fiscum, . . . F2; and that no heritable security, whether granted before or after marriage, shall to any extent pertain to the husband jure mariti, where the same is or shall be conceived in favour of the wife, or to the wife jure relictae, where the same is or shall be conceived in favour of the husband, unless the husband or relict has or shall have right and interest therein otherwise; declaring nevertheless, that this provision shall in no way prejudice the rights and interests of wife or husband, or of the creditors or either, in or to the by-gone interest and annual rents due under any such heritable security and in bonis of the husband or wife respectively prior to his or her death; and further provided, that where legitim is claimed on the death of the creditor no heritable security shall to any extent be held to be part of the creditor’s movable estate in computing the amount of the legitim.
Textual Amendments
F1Words repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 2 para. 4, Sch. 3
F2Words repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3
Modifications etc. (not altering text)
C1Unreliable Marginal Note.
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