Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Succession definition

What does Succession mean? Succession describes how a deceased person’s estate is transmitted on death, by will (testate succession) or, if there is no valid will, under the statutory intestacy rules, and identifies who is entitled to inherit and how the estate is administered. The term is descriptive across UK and Irish practice, but the rules are set by legislation and case law in each jurisdiction. It typically involves personal representatives (executors or administrators) obtaining probate or confirmation, realising assets, paying debts and taxes, and distributing to beneficiaries. In England & Wales and Northern Ireland, succession is principally governed by the Administration of Estates...

Succession (Scotland) Act 2016: section-by-section practitioner guide to wills, special destinations, rectification, survivorship, forfeiture and executry (updated for 2024 amendments)

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Practice notes

This PrACTice Note explores the changes to Succession Law introduced by the Succession (Scotland) Act 2016 (S(S)A 2016). It provides information on every section of S(S)A 2016 and comments on its effect on the position of the law prior to its enactment. It also notes how those provisions interact with the prior legal position.

Effect of Divorce, dissolution or annulment on Will—S(S)A 2016, s 1

Where a marriage or civil partnership ends by divorce, dissolution or annulment, any gift or power of appointment conferred by a testator on a former spouse or civil partner, together with any designation of that person as executor or trustee, is revoked. For this to take effect, the deceased must die after the decree of divorce, dissolution or annulment has been obtained and after 1 November 2016. This will not apply where the Will expressly stipulates that the above benefits or offices are to have effect regardless of the formal termination of the relationship. The revocation operates by treating the ex‑spouse or former civil partner as having predeceased the testator for the purposes of the Will. Notably, this legal fiction does not apply where a former spouse/civil partner has been appointed as a guardian under the...

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Jacqueline Leslie

Harper Macleod LLP

Jacqueline specialises in Wills, inheritance tax planning and the administration of estates, both straight forward and complex. She has many years of experience in the creation, administration and winding up of all types of trust, including personal injury trusts. Jacqueline also prepares financial and welfare powers of attorney for clients and acts for clients in the creation and administration of guardianships. She is also member of STEP (the Society of Trust and Estate Practitioners), the worldwide professional association for practitioners dealing with family inheritance and succession planning. Jacqueline is accredited by the Law Society of Scotland as specialist in Trust Law....

Web page updated on 22/05/2026

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