Insights on reform of intestate succession law published

Insights on reform of intestate succession law published

Professor Alexandra Braun

The papers of a symposium on intestate succession law have been published online.

‘Reforming Intestate Succession Law’ took place at Edinburgh Law School on 11 October 2019.

Scots law has struggled to reform its rules on intestate succession, which have been under review since the 1980s. Recommendations were made by the Scottish Law Commission in its reports of 1990 and 2009, both sets of which remain unimplemented.

The Scottish government is expected to publish a response next year to a consultation on the issue carried out earlier this year, which sought views on a “fresh approach to reform of the law of intestacy with reference to regimes which operate elsewhere”.

Professor Alexandra Braun, Lord President Reid chair of law, writes: “The consultation is now closed, and we are awaiting the response from the Scottish government, which has been announced for spring 2020. Meanwhile, a number of questions arise. Are the proposals put forward both by the Scottish Law Commission and the Scottish government suitable for Scotland? Do they address the right issues? What exactly are the shortcomings of the current law and, how can these be remedied? Finally, what should happen next?

“These and many other questions were explored during a symposium that took place at Edinburgh Law School on 11 October 2019. This publication includes a rich set of contributions from some of those who took part in the event.

“In their contributions they try to shed light on a number of the most contentious and difficult aspects of intestacy, such as the balance between the rights of the surviving spouse/civil partner and the issue of the deceased, the connection between the laws regulating dissolution of marriage on death and on divorce, and the protection of the interests of cohabitants, as well as those of the wider family.

“As part of this process, the Scottish law of intestacy is examined through a comparative lens in an attempt to understand where it positions itself with respect to other jurisdictions, where the Scottish government might want to look for inspiration, but also what aspects it will want to be mindful of when devising Scotland’s new intestacy rules.”

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