It’s worth adding here that in current Scottish inheritance law, half-brothers and half-sisters don’t have the same rights as brothers and sisters who share both parents with you.
The remainder will be split equally between your siblings. If a brother or sister has died before you, their children (your nieces and/or nephews) can claim their share of your estate instead. If you haven’t any children or grandchildren, the remainder of the estate will be split 50/50, with one half going to your parents and the other being split equally between your siblings. This combined with the legal rights above means that if you have kids or grandkids when you die, and you aren’t married or in a civil partnership, your kids or grandkids will inherit everything. Here’s who has priority, in order: 1) Children, or their descendantsĪs above, if one of your children has died already, their children can inherit their share. With prior rights and legal rights satisfied, whatever is left over in your estate (if anything) will be given to whoever has priority according to the rights of succession in Scotland. Step 3) The remainder of the estate is then handed out based on the order of intestate succession What happens to the other half will depend on step 3. If you have children, but NO spouse/civil partner: Your children will get one half of what’s left of the moveable estate, divided equally between them.What happens to the other half will depend on step 3 below. If you have a spouse/civil partner but NO children: Your spouse or civil partner will get o ne half of what’s left of the moveable estate.The other two-thirds will be split equally between your children. If you have children AND a spouse/civil partner: Your spouse or civil partner will get o ne third of what’s left of the moveable estate after prior rights have been sorted.Once prior rights have been handed over, ‘legal rights’ are then taken from whatever moveable assets are left over. In Scottish law, children’s inheritance rights are dealt with after the prior rights of a spouse or civil partner have been settled. Step 2) Legal rights are then claimed by your spouse or civil partner and children When in doubt, you can always call our probate advisors on 08. We recommend also reading our guide below (skip ahead here) to understand the nitty gritty details. The Scottish intestacy flowchart here can help you figure out roughly what will happen if you die without a will.
Are you married? Do you have kids? If not, are your parents still around? Brothers, sisters? And so on.
Who gets what, and how much of it, depends on the structure of your family. How does inheritance law in Scotland work?ĭying intestate in Scotland usually means that your closest family members will inherit your estate. To help out, we’ve created this primer and a handy flowchart to guide you. Scottish inheritance law has a reputation for being devilishly complicated in cases where someone has died ‘intestate’ (that is, without a will).īut the truth is that, while a little trickier than the guidelines in the rest of the UK, the rules of intestacy in Scotland can be fairly straightforward to put into practice.
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