Chapter

Succession Law in Scotland – a Historical Perspective

W David H Sellar

in Exploring the Law of Succession

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748632909
Published online March 2012 | e-ISBN: 9780748651436 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748632909.003.0013
Succession Law in Scotland – a Historical Perspective

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This chapter explores the history of the law of succession in Scotland. It aims to provide a historical context for the present law by setting out the main outlines of the law of succession in Scotland before the ground-breaking changes brought about in 1964 by the Succession Act. The chapter suggests that the history of the Scots law of succession is one of quite remarkable legal conservatism rooted in a remote past. It explains that for more than six hundred years before 1964, there was not one law of succession in Scotland but two, depending on whether the property in question was heritable or moveable.

Keywords: law of succession; Scotland; Succession Act; legal conservatism; heritable; property

Chapter.  8350 words. 

Subjects: Comparative Law

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