In July 2012 the Court of Session in Edinburgh ruled that a (Scottish) Will forged by a deceased's mother should be set aside. Mrs Nicol's son died unexpectedly, he was separated from his wife with a young daughter. Mrs Nicol was concerned his estranged wife would inherit in preference to his daughter. Four years of court action and family acrimony then followed. Which could easily have been avoided if the deceased had a valid Will in place. How do you go aboutmaking a Will in
What Happens if You Die Without a Will in Scotland?
On 1st February 2012 changes to the succession thresholds came into force. The legal changes increase the maximum property and cash values which can be transferred to a surviving spouse or civil partner where a person dies without a Will in Scotland. They also increase the threshold for small estates (where a Sheriff Clerk can assist with the administration of an estate) from £30,000 to £36,000.
What are the new rules?
Where a person dies without a Will in Scotland, their surviving spouse or
Dying Without a Will in Scotland
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
