Free Trial

Safari Books Online is a digital library providing on-demand subscription access to thousands of learning resources.

Share this Page URL
Help

Intestacy and partial intestacy > The rules of intestacy under Scottish law - Pg. 40

40 Part 1 The application for probate If there are children, but no living spouse or civil partner The children share everything equally. If there is no spouse, civil partner or children Everything will pass to other relatives, as follows: 1 2 3 4 5 The parents of the deceased. Brothers or sisters of the deceased who have the same mother and father. (If they are no longer alive, then their own children, the nieces and nephews will take their place.) Half-brothers or half-sisters, or their descendants if they are no longer alive. More remote relatives. If no relatives, the Crown (the state). The rules of intestacy under Scottish law As mentioned in Chapter 4, the law governing the distribution of estates (both testate and intestate) in Scotland is the Succession (Scotland) Act 1964. The estate of a deceased person under Scottish law is regulated by four sets of rules, as follows: 1 Legal rights: The common law gives the surviving spouse or civil partner and children of the deceased fixed `legal rights', regardless of whether a will has been made. Claims for their legal rights, or legitim, can only be made against the moveable property of the deceased's estate and not the heritable property. 2 Prior rights: These are statutory provisions put in place to protect the spouse or civil partner. Such rights apply on intestacy only and do not apply if there is a valid will. 3 Statutory provisions on intestacy: Statutory provisions are also in place to regulate the division of an estate on intestacy, in the event that the legal rights and prior rights are not met. 4 Where a valid will exists: The estate is divided in accordance with the will, once the legal rights have been dealt with. First, any inheritance tax must be paid. After that, all debts (including mort- gages and other loans) must be repaid to creditors, whether the deceased left a will or not. The strict order that follows is given in the box opposite.