The Rules of Intestacy in Scotland

2024 Legal Updates

Scotland’s inheritance laws changed in April 2024 under the Trusts and Succession (Scotland) Act 2024 impacting those who die without a Will. Under the new law, separated but legally married spouses may still inherit, potentially excluding other loved ones if no Will is in place.

Additionally, cohabitants now have an extended period to make claims on an estate, but this process is neither guaranteed nor straightforward and requires court involvement.

These updates aim to protect modern families, including:

• Separated spouses: Still able to inherit unless a Will states otherwise.
• Cohabiting partners: Now have an extended time to make estate claims, though court involvement is still needed.

Minimising Family Disputes and Conflicts

When someone passes away without a Will, the lack of clear instructions can lead to family disputes, creating tension and potential legal battles.

In Scotland, intestacy laws dictate a strict order of inheritance, which may not align with what the deceased or their family had in mind. This can be especially problematic in families with blended members, stepchildren, or unmarried partners, who may be left out under default rules.

By creating a Will, you reduce the risk of conflicts, as your wishes are clearly outlined in a legally binding document.

A well-crafted Will allows you to decide exactly how assets are divided, avoiding misunderstandings and giving family members a sense of clarity and peace of mind during an already challenging time.

For many, this can lead to:

• Family disputes: Intestacy rules follow a strict order that may not align with the wishes of the deceased, especially for blended families or stepchildren.
• Clarity with a Will: By making a Will, you ensure your assets are divided as you want, reducing potential conflicts and bringing peace of mind to loved ones.

The Impact on Unmarried Partners and Stepchildren

In Scotland, the rules of intestacy don't automatically recognise unmarried partners or stepchildren, often leaving them without any inheritance rights if there's no Will in place.

This means that even a long-term partner or stepchild with whom you share a close bond may receive nothing, as the law prioritises spouses, biological children, and certain blood relatives.

For unmarried partners, this can lead to significant financial hardship, especially if they depend on shared assets like a home. Similarly, stepchildren aren't legally entitled to inherit under intestacy rules, no matter how close the relationship.

Scottish intestacy laws don’t automatically protect unmarried partners or stepchildren, which means:

• Long-term partners or stepchildren could inherit nothing.
• Avoiding hardship: A Will lets you secure a future for all loved ones, regardless of marital status.

Costly and Lengthy Legal Processes for Families

Dying without a Will in Scotland can leave families facing a complicated, time-consuming legal process.

Intestate estates, where no Will exists, require courts to follow a strict order of inheritance, which can involve extensive paperwork, legal fees, and delays. These added costs and bureaucratic hurdles can place a financial strain on families, potentially reducing the value of the estate itself.

For loved ones already dealing with the emotional impact of a loss, the additional burden of navigating intestacy laws can be overwhelming.

A Will simplifies this process, providing clear instructions for your estate's distribution and ensuring that your assets go directly to those you choose, without unnecessary delays or expenses.

Simplify the Process for Your Family

Dying without a Will in Scotland means families face a costly and time-consuming legal process:

• Strict inheritance order: Courts follow a rigid sequence, adding paperwork, legal fees, and delays.
• Avoid these hassles: A Will ensures your wishes are clear, saving your loved ones time and stress.

Prior Rights and Legal Rights

In Scotland, when someone dies without a Will, their spouse or civil partner is entitled to prior rights, a legal provision ensuring they receive a portion of the estate. This includes the right to the family home (up to a specific value), household goods, and a cash sum.

However, these rights don't necessarily align with what the deceased would have wanted, especially in cases with children or complex family structures.

After prior rights are distributed, legal rights come into play, entitling children to a portion of the remaining estate. These legal rights exist even if family members had been estranged or if the deceased had a different vision for their legacy.

Intestacy laws follow a set formula, which may inadvertently exclude other loved ones, like stepchildren or cohabiting partners.

• Prior rights: Entitlement to the family home, certain goods, and a cash sum.
• Legal rights for children: A share of the estate after prior rights are fulfilled - this could exclude other loved ones unless a Will states otherwise.

You Can Take Control

Recent legal changes highlight just how crucial it is to have a valid, up-to-date Will. Without one, your estate could be divided according to outdated laws, potentially excluding those you care about most.

With WeWill's straightforward online process, you take control - clearly naming beneficiaries, reducing the risk of family disputes, and sparing loved ones from costly legal complications.

A Will is more than just a document; it's peace of mind, knowing your wishes will be honoured, and those you love will be protected.