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

»Ê¹ÚÌåÓýapp 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.

»Ê¹ÚÌåÓýapp 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.

»Ê¹ÚÌåÓýapp 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.

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