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Exploring the Law of SuccessionStudies National, Historical and Comparative$
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Kenneth Reid and Marius de Waal

Print publication date: 2007

Print ISBN-13: 9780748632909

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748632909.001.0001

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Forfeiture Clauses and Events in Scots Law

Forfeiture Clauses and Events in Scots Law

Chapter:
(p.114) 7 Forfeiture Clauses and Events in Scots Law
Source:
Exploring the Law of Succession
Author(s):

Roderick R M Paisley

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748632909.003.0017

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

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