The new Succession (Scotland) Act 2016 brings some important changes not only to succession law, but also to the position of spouses following divorce.
At present, most people assume that the end of a marriage also results in the end of any entitlement under a Will. However, that is not the case. The terms of the Will remain valid upon divorce. The new Act will go a long way to align the law with people’s perception. Often divorced spouses did not consider amending their Wills following divorce, which has led to unexpected outcomes in many situations.