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Comparative Succession LawVolume II: Intestate Succession$
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Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

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Intestate Succession in Scotland

Intestate Succession in Scotland

(p.370) 16 Intestate Succession in Scotland
Comparative Succession Law

Kenneth G C Reid

Oxford University Press

Three things stand out in the development of intestate succession law in Scotland. First, the endurance into the modern period of rules which were formed in the Middle Ages and which, in the case of immovable (‘heritable’) property at least, were primarily feudal in nature. Secondly, the lack of interest by governments. Until the Mackintosh Committee in the early 1950s, no governmental body had attempted a systematic review of intestate succession law. And until the Succession (Scotland) Act 1964 which implemented the Mackintosh recommendations, almost no legislation had been passed on the subject which was not the work of a private Member of Parliament. Finally, the law has overall been rather clear-sighted in its aims and justifications. Until 1964, the idea was to pass property down the blood line and to preserve large estates; since then, while inter-generational transfer remains important, the dominant concern has been to make provision for the surviving spouse.

Keywords:   Scottish law, intestate succession, succession law, free estate, heirs, intestacy rules, non-spousal partners, children

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