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

Fingerprint

Clause
Property Law
Entitlement
Bequests

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: Edinburgh University Press. https://doi.org/10.3366/edinburgh/9780748632909.003.0017

Forfeiture Clauses and Events in Scots Law. / Paisley, Roderick Ruthven MacKenzie.

Exploring the Law of Succession: Studies National, Historical and Comparative. ed. / Kenneth G. C. Reid; Marius J. de Waal; Reinhard Zimmerman. Vol. 5 Edinburgh : Edinburgh University Press, 2007. p. 114-140 (Edinburgh Studies in Law).

Research output: Chapter in Book/Report/Conference proceedingChapter

Paisley, RRM 2007, Forfeiture Clauses and Events in Scots Law. in KGC Reid, MJ de Waal & R Zimmerman (eds), Exploring the Law of Succession: Studies National, Historical and Comparative. vol. 5, Edinburgh Studies in Law, Edinburgh University Press, Edinburgh, pp. 114-140. https://doi.org/10.3366/edinburgh/9780748632909.003.0017
Paisley RRM. Forfeiture Clauses and Events in Scots Law. In Reid KGC, de Waal MJ, Zimmerman R, editors, Exploring the Law of Succession: Studies National, Historical and Comparative. Vol. 5. Edinburgh: Edinburgh University Press. 2007. p. 114-140. (Edinburgh Studies in Law). https://doi.org/10.3366/edinburgh/9780748632909.003.0017
Paisley, Roderick Ruthven MacKenzie. / Forfeiture Clauses and Events in Scots Law. Exploring the Law of Succession: Studies National, Historical and Comparative. editor / Kenneth G. C. Reid ; Marius J. de Waal ; Reinhard Zimmerman. Vol. 5 Edinburgh : Edinburgh University Press, 2007. pp. 114-140 (Edinburgh Studies in Law).
@inbook{8903b5a266724141b5a43dc9a5f53a76,
title = "Forfeiture Clauses and Events in Scots Law",
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.",
author = "Paisley, {Roderick Ruthven MacKenzie}",
year = "2007",
month = "10",
day = "26",
doi = "10.3366/edinburgh/9780748632909.003.0017",
language = "English",
isbn = "0-7846-3290-5",
volume = "5",
series = "Edinburgh Studies in Law",
publisher = "Edinburgh University Press",
pages = "114--140",
editor = "Reid, {Kenneth G. C.} and {de Waal}, {Marius J.} and Reinhard Zimmerman",
booktitle = "Exploring the Law of Succession: Studies National, Historical and Comparative",

}

TY - CHAP

T1 - Forfeiture Clauses and Events in Scots Law

AU - Paisley, Roderick Ruthven MacKenzie

PY - 2007/10/26

Y1 - 2007/10/26

N2 - 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.

AB - 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.

U2 - 10.3366/edinburgh/9780748632909.003.0017

DO - 10.3366/edinburgh/9780748632909.003.0017

M3 - Chapter

SN - 0-7846-3290-5

SN - 978-0748632909

VL - 5

T3 - Edinburgh Studies in Law

SP - 114

EP - 140

BT - Exploring the Law of Succession: Studies National, Historical and Comparative

A2 - Reid, Kenneth G. C.

A2 - de Waal, Marius J.

A2 - Zimmerman, Reinhard

PB - Edinburgh University Press

CY - Edinburgh

ER -