Chapter

Forfeiture Clauses and Events in Scots Law

Roderick R M Paisley

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/9780748632909.003.0017
Forfeiture Clauses and Events in Scots Law

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This chapter examines the nature of forfeiture clauses and forfeiture events in Scots law. It explains that forfeiture clauses and events leading to disinheritance or the forfeiture of bequests are well known in the field of succession as the means by which entitlements are forfeited in accordance with the express provision of the testator or by law. The chapter shows that a unitary approach to forfeiture clauses and events is possible and suggests that the study of succession must be reunited with the study of property law. This can be accomplished by regarding the law of succession as more than rules of distribution, but as extending to a study of vesting and of the role of executors.

Keywords: forfeiture clauses; forfeiture events; Scots law; disinheritance; succession; entitlements; property law

Chapter.  12165 words. 

Subjects: Comparative Law

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