{
  "url": "https://openlegislation.uk/succession-scotland-act-2016/section-1",
  "json_url": "https://openlegislation.uk/succession-scotland-act-2016/section-1.json",
  "legislation": "asp/2016/7",
  "legislation_title": "Succession (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/succession-scotland-act-2016",
  "path": "section/1",
  "kind": "section",
  "number": "1",
  "heading": "Effect of divorce, dissolution or annulment on will",
  "text": "(1) This section applies where—\n(a) a person (“the testator”) by a will—\n(i) confers a benefit or power of appointment on a person, or\n(ii) appoints a person as a trustee or executor,\n(b) that person (“P”) is, or becomes, the testator's spouse or civil partner,\n(c) the marriage or civil partnership is terminated, and\n(d) the testator then dies.\n(2) P is to be treated as having died before the testator for the purposes of the will except for the purposes of any appointment of P or another person as a guardian.\n(3) Subsection (2) does not apply if the will expressly provides that P is to—\n(a) have the benefit or power of appointment, or\n(b) be so appointed as a trustee or executor,\neven if the marriage or civil partnership is terminated.\n(4) For the purposes of this section, a marriage is terminated in the event of divorce or annulment and a civil partnership is terminated in the event of dissolution or annulment.\n(5) In this section, references to “divorce”, “dissolution” and “annulment” are to divorce, dissolution or annulment—\n(a) obtained from a court of civil jurisdiction in the United Kingdom, the Channel Islands or the Isle of Man, or\n(b) if not so obtained, the validity of which is recognised in Scotland.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 1 in force at 1.11.2016 in relation to the estate of any person who dies on or after 1.11.2016 by S.S.I. 2016/210, reg. 2(1)(a)(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/7/section/1",
    "retrieved_at": "2026-10-29T20:13:37.201582+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}