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  4. MSPs accept principles of Succession Bill

MSPs accept principles of Succession Bill

3rd November 2015 | executries

Support for the general principles of the Succession (Scotland) Bill has been affirmed by the committee of MSPs supervising the bill through Holyrood.

The bill is the second one to go through the special parliamentary procedure for non-contentious law reforming measures, which charges the Delegated Powers & Law Reform Committee to take the leading role in scrutinising the bill.

Among its provisions, the bill would nullify any provision in a will in favour of a spouse or civil partner where the marriage or civil partnership is subsequently dissolved – though the minister, Paul Wheelhouse, has agreed to bring forward an amendment to disapply this to provisions appointing a guardian to the parties' children.

It also confers a power to rectify a will to correct obvious errors, restates the presumption where death of a descendant occurs before a legacy vests, deals with the situation where more than one family member dies in a common calamity (in relation to both of which the committee recommends further amendments), amends the law relating to forfeiture following unlawful killing, and the statutory protection for executors, and abolishes the special rules for gifts made in contemplation of death.

In its report the MSPs state that it is clear from evidence received that the measures in the Bill have been generally welcomed by stakeholders.

A further bill, still to be introduced, will deal with more controversial issues such as rights of surviving spouses and children, with or without a will.

Click here to view the committee's report.

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