Proposed Bill Legislation For A Reform Of The Current Legal Position

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PART A The Succession (Scotland) Bill passed stage 3 of the parliamentary process on 29 January 2016 and will be brought into force at a future date. Critically evaluate the extent to which the provisions in the bill relating to survivorship and forfeiture represent an improvement to the current legal position. The Succession (Scotland) Bill is currently in the process of being processed in order to alter the current position of Statute in the Succession (Scotland) Act 1964 and also Trusts (Scotland) Act 1921. The alterations being made are currently disputed as to whether they will create improvements for the functionality of the law of trusts and successions or that they will cause more problems for the courts in passing judgements.…show more content…
The Bill introduces a very drastic change to the aforementioned provisions in Section 31 as it states that despite the circumstances when the presumption of order of death is uncertain then neither of the parties are to be presumed to have survived the other, ergo diminishing the current legal stance relating to the general rule that the younger of the parties is presumed to have survived the elder. However this change has the ability to give rights to beneficiaries in both wills rather than vesting in the younger of the two deceased persons. For example if an unmarried couple die and leave wills to each other whom failing their two children then by applying the proposed rule in the bill then both children will receive from the will rather than the younger of the deceased. The idea of the provisions set out in the Succession (Scotland) Act 1964 were to help benefit the younger person who is presumed to have predeceased the elder so that the possible whom failing clause can be met rather than the estate falling into partial intestacy. A case which illustrates this outcome well is the Ross’s Judicial Factor v Martin when both died and the common law rule was applied it was determined that neither would have survived the other. This therefor caused both of the estates to be treated as
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