The new Succession (Scotland) Act 2016 brings some important changes not only to succession law, but also to the position of spouses following divorce.
At present, most people assume that the end of a marriage also results in the end of any entitlement under a Will. However, that is not the case. The terms of the Will remain valid upon divorce. The new Act will go a long way to align the law with people’s perception. Often divorced spouses did not consider amending their Wills following divorce, which has led to unexpected outcomes in many situations.
Once the changes take effect, any provisions in a Will in favour of the former spouse or civil partner will be treated as having been automatically revoked when the relationship comes to an end. The ex-spouse or civil partner is actually to be treated as having died before the testator (the person who made the Will) for the purpose of interpreting the Will. An ex-spouse or partner will now only benefit where the Will has deliberately provided for them after the parties’ separation.
Furthermore, courts will now have some limited power to correct the terms of a Will where the Will does not reflect the deceased’s intentions. This was not previously the case.
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