Call now - 01555 662576
Navigating the complexities of inheritance law is essential for providing clarity and peace of mind. In this guide, we'll shed light on the specificities of spousal inheritance.
If you would like more advice, contact our team today.
In Scotland, inheritance rules can differ from those in other parts of the UK. While the presence of a will is a crucial factor, it does not necessarily mean that a spouse automatically inherits everything. The concept of "legal rights" in Scots law ensures that spouses and children have a right to a share of the deceased's moveable estate, irrespective of the terms of the will.
The surviving spouse is entitled to a "prior rights" share, which includes the family home (up to a certain value), furniture, and a cash sum. These rights take precedence over other claims on the estate.
In addition to prior rights, the surviving spouse is entitled to a share of the deceased's moveable estate. This is known as the "legal rights" share and is calculated after deducting the prior rights and any outstanding debts.
A well-drafted will can influence how the estate is distributed. However, the surviving spouse's legal rights cannot be completely disinherited, and any attempt to do so may be subject to challenge.
In the absence of a will, the rules of intestate succession apply, and the surviving spouse is entitled to a significant share of the estate.
In conclusion, while the presence of a will is a crucial aspect of estate planning, it does not automatically mean a spouse inherits everything in Scotland. Understanding the nuances of legal rights and prior rights is essential for ensuring a fair and legally compliant distribution of the estate.
From start to finish, we handle our clients’ legal matters with skill, care and discretion. Please contact our approachable team of solicitors on 01555 662576 or online for more information on how we can help.
Contact our approachable, reliable and experienced solicitors.
Providing effective legal advice in Lanark and beyond since 1867.