Forfeiture Clauses and Events in Scots Law

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

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.
Original languageEnglish
Title of host publicationExploring the Law of Succession: Studies National, Historical and Comparative
EditorsKenneth G. C. Reid, Marius J. de Waal, Reinhard Zimmerman
Place of PublicationEdinburgh
PublisherEdinburgh University Press
Pages114-140
Number of pages27
Volume5
ISBN (Print)0-7846-3290-5, 978-0748632909
DOIs
Publication statusPublished - 26 Oct 2007

Publication series

NameEdinburgh Studies in Law
PublisherEdinburgh University Press

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  • Cite this

    Paisley, R. R. M. (2007). Forfeiture Clauses and Events in Scots Law. In K. G. C. Reid, M. J. de Waal, & R. Zimmerman (Eds.), Exploring the Law of Succession: Studies National, Historical and Comparative (Vol. 5, pp. 114-140). (Edinburgh Studies in Law). Edinburgh University Press. https://doi.org/10.3366/edinburgh/9780748632909.003.0017