Will law reform change the impact of dying without a Will in Scotland? Society and family structures have changed considerably since the current law on succession came into force in 1964 and there is widespread support for the law to be updated to reflect this.

Current Rules
Where a person dies without a Will (intestate) his spouse/civil partner has prior rights to his estate:

• Deceased's share in the dwellinghouse occupied by him and the spouse/civil partner up to £473,000;
• House contents up to £29,000;
• Cash up to £50,000 where there are children, or £89,000 where there are no children.

After payment of prior rights, the spouse/civil partner and any children are entitled to legal rights:

• Legal rights = 1/3 of the moveable estate where there is a spouse/civil partner and children;
• 1/2 of the moveable estate where there is a spouse/civil partner only or children only.

Unmarried, cohabiting partners have no automatic rights of succession and can only share in their partner's estate if they make an application to the court within six months of their partner's death. The court decides on the entitlement of the surviving partner based on the nature and length of their relationship with the deceased.

Suggested reform
The Scottish Law Commission published its Succession Report in April 2009, but its recommendations have yet to be enacted, it recommended:

• Where a person dies without a Will surviving spouses/civil partners inherit the whole estate up to a threshold figure (£300,000 suggested).
• Remaining estate would be shared equally among the surviving spouse/civil partner and children.
• Where there is no surviving spouse/civil partner, the whole estate is inherited by any children.
• A new automatic right of succession for cohabiting partners - this would still involve an application to the court, but the time limit would be extended to one year. The cohabitant's share in the estate would be a percentage of what they would have been entitled to had they been the deceased's spouse/civil partner - the court's decision would be based on the length and quality of their relationship.

What should I do?
Many people are unaware of the current succession rules and are surprised to learn that their estate may not pass as they expect. The only way to ensure your estate passes in line with your wishes is to make a Will.

Please contact our team if you'd like to discuss how the current succession rules may affect your family's personal circumstances.