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Parliamentary debates and questions

S5W-00633: Jackson Carlaw (Eastwood)

Scottish Conservative and Unionist Party

Date lodged: 9 June 2016

To ask the Scottish Government what consideration it has given to the impact of reform of succession legal rights on the right of testators to choose their own beneficiaries.

Answered by: Annabelle Ewing 17 June 2016

The Scottish Government consulted on the Law of Succession between June and September 2015. The consultation focused on reforms to modernise succession law, based on the removal of the distinction between heritable and moveable assets, as recommended in the Scottish Law Commission’s Report on Succession (published in 2009).

The consultation looked at a range of issues such as what level of protection from disinheritance there should be for spouses, civil partners and children, on rights for co-habitants and a new scheme for intestate succession.

An independent analysis of the consultation responses has been carried out which the Scottish Government is currently considering. A key part of that consideration will be the potential impact of any changes to succession law, including on testamentary freedom and the choice of beneficiaries.