Scottish Law on Intestacy and Probate: Borrowing from the United States and Canada to Bring Scottish Law Out of Flux

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dc.creatorAkhtar, Zia
dc.date.accessioned2022-06-17T19:18:43Z
dc.date.available2022-06-17T19:18:43Z
dc.date.issued2019
dc.description.abstractThis article will consider the rules of intestacy and the grounds upon which legal reform is being proposed to amend the law in Scotland. The intention is to compare the benefits of adopting legal provisions from other jurisdictions in common law countries that can serve as a framework for possible legislation. This article will evaluate the jurisdictions that can serve as models for adoption, defining their laws, and evaluating the community property bases for the distribution of property. First, the laws in England and Wales will be compared to Scottish law, showing the relative issues Scottish nationals may face. Instead of simply adopting English laws, this article will explore the possibility of adopting succession legal approaches from North America, namely the community property system in some of the United States and the threshold approach from British Columbia, Canada. Next, this article will address how Scotland could address conflicts of law when applying succession laws. It will show that there are current methods available to Scottish nationals through the already-existing Brussels IV law, as part of the European Union, even though the United Kingdom has opted out. It will then show how the United States and Canada have addressed their own conflict of law issues, and how Scotland could consider borrowing from those approaches.en_US
dc.identifier.citation12 Est. Plan. & Cmty. Prop. L. J. 1en_US
dc.identifier.urihttps://hdl.handle.net/2346/89656
dc.language.isoengen_US
dc.publisherEstate Planning and Community Property Law Journalen_US
dc.subjectScotland successionen_US
dc.subjectEngland successionen_US
dc.subjectWales successionen_US
dc.subjectIntestacyen_US
dc.subjectScotland intestacy reformen_US
dc.subjectCommunity propertyen_US
dc.subjectUnited States successionen_US
dc.subjectCanada successionen_US
dc.subjectHeirship rulesen_US
dc.subjectThe Inheritance (Provision for Family and Dependents) Act of 1975en_US
dc.subjectAdministration of Estates Act of 1925en_US
dc.subjectInheritance and Trustee Powers Act of 2014en_US
dc.subjectRequirements of Writing (Scotland) Act of 1995en_US
dc.subjectSuccession (Scotland) Act 2016en_US
dc.titleScottish Law on Intestacy and Probate: Borrowing from the United States and Canada to Bring Scottish Law Out of Fluxen_US
dc.typeArticleen_US

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