Succession (Scotland) Act to commence from 1 November

The Succession (Scotland) Act 2016 will come fully into force on 1 November 2016, under an order now made by Scottish ministers.

Reforms made by the Act include the effect of divorce or other termination of marriage on a will, rectification of wills, and provisions relatng to survivorship, forfeiture and estate administration.

Under SSI 2016/210, most of the provisions will apply to the estate of any person who dies on or after 1 November. Transitional provisions include one that ss 6 (entitlement of issue of legatee), 8 (conditional institution) and 29(1) (abolition of condition si institutus rule) apply in relation to the estate of a person who dies on or after 1 November 2016 only if the relevant will or trust was also executed on or after that date.

The Act's provisions regarding confirmation of executors came into force on 4 March 2016, the day after the Act received royal assent.