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Scottish intestacy operates in layers: prior rights first (surviving spouse gets home, furniture, and financial provision), then legal rights (legitim for children — one-third or half of moveable estate), then the free estate under the Succession (Scotland) Act 1964. These rules are very different from English intestacy.
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Prior rights arise only on intestacy (no will) and benefit the surviving spouse or civil partner. They are satisfied before any other distribution. The current figures (subject to periodic statutory revision) are:
The surviving spouse/civil partner has a right to the family home (dwelling house) up to a value of £473,000. If the house is worth more, they receive £473,000 in cash instead of the house. If less, they receive the house.
The surviving spouse/civil partner has a right to furniture and household effects in the family home up to £29,000.
The surviving spouse/civil partner receives a cash sum of £89,000 if the deceased left children or grandchildren, or £50,000 if not.
Prior rights can take up the entire estate in smaller estates, leaving nothing for children or other relatives. This is one of the reasons why making a will in Scotland is particularly important.
Legal rights are a unique feature of Scots law. Unlike English law, they apply even when a will exists — they are a minimum guaranteed entitlement that cannot be removed by any will. They apply to the net moveable estate (essentially, all assets other than heritable property — land and buildings) after debts are deducted.
Children (and their descendants) have a right to:
Legitim cannot be defeated by a will. A child must elect between their legitim claim and any legacy left to them by will — they cannot take both.
The surviving spouse or civil partner has a similar right:
Again, the surviving spouse must elect between their legal right and any legacy left to them by the will.
After prior rights and legal rights are satisfied, the remaining "free estate" passes under the intestacy rules of the Succession (Scotland) Act 1964. The order of priority is:
The Scottish intestacy rules differ significantly from English rules in giving siblings an equal priority alongside parents, and in the broader inclusion of more distant relatives. For a comparison with English intestacy, see our guide on the complete UK probate guide.
In Scotland, a will cannot override legal rights — children and surviving spouses will always have their minimum entitlement. However, a will allows you to:
For those dying without a will in Scotland, an executor-dative must be appointed by the court to administer the estate.
Farra helps families and executors navigate estate administration across the UK.
An executor-dative is appointed by the Sheriff Court to administer an intestate Scottish estate. Who can apply, the cautionary obligation, and the step-by-step process. Scotland 2026.
Northern Ireland intestacy broadly mirrors England and Wales. Surviving spouse receives £270,000 statutory legacy. Cohabiting partners have no automatic rights. Letters of Administration required.
Confirmation is Scotland's legal equivalent of probate, granted by the Sheriff Clerk of the local Sheriff Court. Executor-nominate, executor-dative, and Scottish succession law explained.
Step-by-step guide to applying for confirmation in Scotland: the C1 inventory form, IHT reporting, Sheriff Clerk fees, and how long the process takes. Scottish estate administration 2026.
Not all Scottish estates require confirmation. Learn the threshold, which assets can be transferred without confirmation, and when the small estate procedure applies. 2026 guide.
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