When someone dies intestate (without a Will), there is a general expectation that the spouse/civil partner will inherit that person’s estate. This is not always the case and, often, the distribution of an intestate estate throws up unexpected results!
Under the Succession (Scotland) Act 1964, the spouse/civil partner gets the first bite of the cherry up to very precise financial limits (aka Prior Rights). They are also entitled to Legal Rights in the estate based on a proportion of the deceased’s cash estate.
However, if the deceased is worth more than the surviving spouse/civil partner’s Prior & Legal Rights, there is a ranking order to determine who inherits the rest. If there are children, they inherit the rest of the estate. Where there are no children, the parents & siblings of the deceased are next in line. And, if no parents or siblings, aunts/uncles (or their descendants) inherit next.
But the law has changed
The section of the Trusts and Succession (Scotland) Act 2024 dealing with rights to an intestate estate came into force on 30 April 2024. Now, if a married/civil partnered person dies intestate with no children, the surviving spouse/civil partner will inherit everything.
So, what if a childless couple break up? If they divorce, dissolve the civil partnership or sign a separation agreement, the deceased’s estate will go to their parents & siblings etc as before.
However, if the couple never get round to divorcing or finalizing their separation, the surviving spouse/civil partner may inherit everything.
There is a simple solution
Get a Will! If you prepare a Will, you take control of the distribution of your assets. You decide who inherits what and can appoint someone to take care of the admin required to wind up your affairs.
Don’t delay. Get in touch with VMH SOLICITORS today to make sure you have your say!