When someone dies in Scotland without leaving a Will, their estate doesn’t necessarily pass to the people they would have chosen. Instead, the estate is distributed according to the Law of Succession, which outlines a specific order of inheritance for intestate estates. At the forefront of this process are Prior Rights - the key legal entitlements of a surviving spouse or civil partner.

What Are Prior Rights?

Prior Rights are the first legal claim on an intestate estate. If the deceased was married or in a civil partnership, the surviving spouse or partner has automatic rights to certain assets, regardless of the wishes of others or the wider family.

At present, these rights include:

• The family home, up to a value of £473,000 (provided it was owned by the deceased and used as the family residence);
• The furniture and contents of that home, up to a value of £29,000;
• A cash sum from the remainder of the estate - £89,000 if there are no children, or £50,000 if there are.

These rights apply only when the estate is located in Scotland and when the couple were legally married or in a registered civil partnership. Unmarried partners, even those living together for many years, do not benefit from Prior Rights and would need to apply to the court for financial provision.

When Do Prior Rights Apply?

Prior Rights apply automatically when someone dies intestate in Scotland and is survived by a spouse or civil partner. They take priority over all other claims on the estate, including those of children or other relatives.

In many cases, particularly where the estate is modest, Prior Rights can use up the entire estate. If that happens, no further inheritance will be available under the rules of succession, including Legal Rights.

How Do Legal Rights Fit In?

Once Prior Rights have been met, Legal Rights come into play. These give a surviving spouse or civil partner - and children - a legal claim on the moveable estate (money, investments, personal possessions).

Legal Rights can be significant, particularly for children. However, if Prior Rights use up the full value of the estate, there may be nothing left to claim under Legal Rights.

Why This Matters

Many people assume that everything they own will automatically go to their spouse or children if they die without a Will. But the truth is that Scottish succession law follows a strict hierarchy, and if you haven’t made a Will, your estate may be divided in a way you wouldn’t expect.

Making a Will is the only way to ensure your wishes are followed - and to avoid unintended consequences for those you leave behind.

Speak to Paris Steele, Solicitors, North Berwick and Dunbar, East Lothian

At Paris Steele, our experienced Executry and Estate Planning Solicitors can help you plan ahead and ensure your estate is dealt with properly. Whether you're looking to make a Will or dealing with the estate of someone who has passed away, we're here to guide you every step of the way.

If you have questions about Prior Rights or any other aspect of succession law in Scotland, please get in touch with our team today.