Inheritance Of Cryptocurrency Under Forced Heirship Laws: Implications For Scots Succession Law
‘No department of municipal law is more intimately connected with the state of society than that which relates to the rights of heirs, and the rules of descent; and in none perhaps are differences so essential to be found in comparing the laws and institutions of various countries.’
- Professor George Joseph Bell, Commentaries on the Law of Scotland (1826)
Forced heirship in Scotland is designed to protect close relatives from being disinherited, ensuring they receive a portion of the deceased's movable property. However, in the dynamic landscape of modern asset ownership, the proliferation of cryptocurrencies poses unique challenges for Scotland's inheritance laws that strain the administrative boundaries of and further weaken the limited protection afforded by its forced heirship system.
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