IHTM12076 - Succession: Wills: Revocation of a Will: partial revocation (Scotland)

Under the previous rules, a divorce, dissolution or annulment had no effect on a Will in Scotland.

The new rules under the Succession (Scotland) Act 2016, provides that if a person whose marriage or civil partnership (IHTM11032) has been dissolved, dissoluted or annulled has died on or after 1 November 2016 leaving a Will which refers to the former spouse or civil partner will treat the former spouse or civil partner as having failed to survive the testator.

The former spouse or civil partner will not, however, be treated as having failed to survive the testator for the purposes of a provision in the Will that appoints the former spouse or civil partner or another person as a guardian.

This only applies where the deceased dies domiciled in Scotland and where the divorce, dissolution or annulment is obtained from a court of civil jurisdiction in the United Kingdom, the Channel Islands or the Isle of Man or is otherwise recognised in Scotland.

The new rule does not apply where the Will provides that the former spouse or civil partner is to continue to benefit or hold appointment even when there has been a divorce, dissolution or annulment.