New clause 4 - Succession: legal rights arising by virtue of civil partnership
Civil Partnership Bill [Lords]
4:45 pm

'(1) Where a person dies survived by a civil partner then, unless the circumstance is as mentioned in subsection (2), the civil partner has right to half of the moveable net estate belonging to the deceased at the time of death.

(2) That circumstance is that the person is also survived by issue, in which case the civil partner has right to a third of that moveable net estate and those issue have right to another third of it.

(3) In this section—

''issue'' means issue however remote, and

''net estate'' has the meaning given by section 36(1) (interpretation) of the Succession (Scotland) Act 1964 (c.41).

(4) Every testamentary disposition executed after the commencement of this section by which provision is made in favour of the civil partner of the testator and which does not contain a declaration to the effect that the provision so made is in full and final satisfaction of the right to any share in the testator's estate to which the civil partner is entitled by virtue of subsection (1) or (2), has effect (unless the disposition contains an express provision to the contrary) as if it contained such a declaration.

(5) In section 36(1) of the Succession (Scotland) Act 1964 (c.41), in the definition of ''legal rights'', for ''and legitim'' substitute ''legitim and rights under section (Succession: legal rights arising by virtue of civil partnership) of the Civil Partnership Act 2004''.'.