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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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Succession Law in Scotland – a Historical Perspective

Succession Law in Scotland – a Historical Perspective

(p.49) 3 Succession Law in Scotland – a Historical Perspective
Exploring the Law of Succession

W David H Sellar

Edinburgh University Press

This chapter explores the history of the law of succession in Scotland. It aims to provide a historical context for the present law by setting out the main outlines of the law of succession in Scotland before the ground-breaking changes brought about in 1964 by the Succession Act. The chapter suggests that the history of the Scots law of succession is one of quite remarkable legal conservatism rooted in a remote past. It explains that for more than six hundred years before 1964, there was not one law of succession in Scotland but two, depending on whether the property in question was heritable or moveable.

Keywords:   law of succession, Scotland, Succession Act, legal conservatism, heritable, property

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