Module 5 Legislation & Cases

Question 1

Jackson, Petitioner 1989 and Gichrist Petitioner 1989

Answer 1

Egs of a S2(2) modification of the Forfeiture Act 1982) - in these cases the wives killed the husbands after suffering the most aggravated cruelty - they were entitled to inherit the estates nevertheless.

Question 2

Intestate Succession is goverened by

Answer 2

Succession (Scotland) Act 1964, Parts I and II, as amended by S261(2) of Schedule 28 Pt 1 of the Civil Partnership Act 2004.

Question 3

Succession (Scotland) Act 1964 applies to deaths

Answer 3

on or after 10th September 1964.

Question 4

S 8(4) The Succession (Scotland) Act1964

Answer 4

Right of surviving spouse or civil partner to the deceased dwelling house, or dwelling house (or part of) in which the deceased has a relevant interest (owned or tenanted) and the surviving spouse was ordinarily resident (S 8(4) 1964 Act).

Question 5

The Prior Rights of Surviving Spouse and Civil Partner) (Scotland) Order 2011.
Prior rights - rights to dwelling house

Answer 5

The right is up to a value of £473,000

Question 6

The Prior Rights of Surviving Spouse and Civil Partner) (Scotland) Order 2011.
Prior rights - right to furniture and plenishings

Answer 6

the right is up to £29,000

Question 7

The Prior Rights of Surviving Spouse and Civil Partner) (Scotland) Order 2011.
Prior rights - the financial right

Answer 7

the right is up to £50,000 if there is surviving issue of the deceased and £89,000 if there are not.