Rights of succession to intestate estate 20 72 Rights of succession to intestate estate (1) In section 2(1) of the Succession (Scotland) Act 1964 (rights of succession to intestate estate)— (a) after paragraph (a) insert— “(ab) where an intestate is survived by a husband, wife or civil partner, but 25 is not survived by any prior relative, the surviving spouse or civil partner shall have right to the whole of the intestate estate;”, (b) paragraph (e) is repealed. (2) This section does not apply as respects a death that occurred before the section comes into force. 42 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general P ART 3 1 M ISCELLANEOUS AND GENERAL Miscellaneous 73 Amendment of Requirements of Writing (Scotland) Act 1995 5 (1) In section 7(7) of the Requirements of Writing (Scotland) Act 1995 (subscription and signing), after “partnerships,” insert “bodies of trustees,”. (2) In schedule 2 of that Act (subscription and signing: special cases), after paragraph 2 insert— “Trusts 10 2A (1) Except where an enactment or the trust deed expressly provides otherwise, 1 where a granter of a document executed after the commencement of section 73 of the Trusts and Succession (Scotland) Act 2023 is a body of trustees, the document is signed by that body if it is signed on the body’s behalf either by a majority of the trustees or by a person (whether or not one of the trustees) 15 authorised to sign the document on the body’s behalf. (2) Sub-paragraph (1) of this paragraph applies in relation to the signing of an alteration to a document as it applies in relation to the signing of a document. (3) In this paragraph, “trust” has the meaning assigned to that expression by section 74(1) of that Act of 2023.”. 20 General 74 Interpretation (1) In this Act, unless the context otherwise requires— “beneficiary”, in relation to a trust, means a person having, whether directly or indirectly, a vested or contingent interest under the trust, 25 “the court” means the Court of Session except that in sections 1, 6, 62, 63, 66, 68 and 69 the expression includes the appropriate sheriff court, “guardian” includes a person’s continuing attorney, “potential beneficiary” means a person (whether or not an ascertained person) who— 30 (a) is not a beneficiary, but (b) may become a beneficiary on being, at a future date or on the happening of a future event, a person of some specified description or a member of some specified class of persons, “private purpose trust” is to be construed in accordance with section 42, 35 “protector” is to be construed in accordance with section 49(1)(a), “supervisor” is to be construed in accordance with section 45(1), “trust” means any trust (whether or not constituted by deed or other writing, by or by virtue of Act of Parliament or of the Scottish Parliament, by Royal Charter, 43 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general or by resolution of any corporation, public body or ecclesiastical body) but does not include any pension scheme established under a trust, “trust deed” means any— (a) deed or other writing, 5 (b) enactment, (c) Royal Charter, or (d) resolution of any corporation, public body or ecclesiastical body, which constitutes any trust, and “trustee” means a trustee under any trust but includes an executor nominate and, 10 except in sections 3 and 5, an executor dative. 1 (2) In the definition of “the court” in subsection (1), “the appropriate sheriff court” means— (a) where the sole trustee is, or a majority of the trustees are, habitually resident in a particular sheriffdom— (i) a sheriff court of that sheriffdom, or 15 (ii) where a majority of the trustees consent, a sheriff court of any other sheriffdom in which at least one of the trustees is habitually resident, or (b) where paragraph (a) is not applicable, the sheriff court at Edinburgh. (3) In the definition of “guardian” in subsection (1), “continuing attorney” is to be construed in accordance with section 15(2) of the Adults with Incapacity (Scotland) Act 2000 20 (creation of continuing power of attorney). 75 Persons who are incapable (1) For the purposes of this Act, a person is to be regarded as incapable who, for either or both of the reasons mentioned in subsection (2), is incapable of one or more of the following— 25 (a) making decisions, (b) communicating decisions, (c) understanding decisions, (d) retaining the memory of decisions. (2) The reasons are— 30 (a) that the person is mentally disordered, (b) that, because of physical disability, the person has an inability to communicate. (3) But subsection (1) is subject to subsection (4). (4) A person is not incapable by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical 35 aid (whether of an interpretative nature or otherwise). (5) For the purposes of subsection (2)(a), a person is to be regarded as “mentally disordered” who has any disorder or disability of the mind (however caused or manifested). 44 Trusts and Succession (Scotland) Bill Part 3—Miscellaneous and general 76 Persons who are untraceable For the purposes of sections 1(1)(b), 2(1), 6(1)(e), 12(2)(c), 40(1), 45(5)(b), 49(3)(k...