SCHEDULE 2 Modification of Enactments
Succession (Scotland) Act 1964 (1964 c 41) | Legislation

SCHEDULE 2 Modification of Enactments

Section 34

General modifications

1

Subject to the specific modifications made by the following provisions of this Schedule, references in any enactment to the heir-at-law of a deceased person in relation to any heritable property . . .shall be construed as references to the persons who by virtue of this Act are entitled to succeed to such property on intestacy.

2

Subject as aforesaid references in general terms in any enactment to the heirs of a deceased person shall include—

(a)     the persons entitled by virtue of this Act to succeed on intestacy to any part of the estate of the deceased; and

(b)     so far as is necessary for the purposes of Part III of this Act, the executor of the deceased.

3

References in any enactment relating to the confirmation of executors or the administration of the moveable estates of deceased persons to the moveable or personal property or estate of a deceased person shall, except where the context otherwise requires, be construed as references to the whole estate of the deceased person.

4

References in any enactment (other than in this Act) to courtesy or terce shall be of no effect.

Specific modifications

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