In Scotland, who inherits from you depends on your relationship status, whether you have children, and whether you have made a Will. The law treats married couples, civil partners, cohabitants, and those with children differently — sometimes in ways people do not expect.

Married Couples and Civil Partners

If you die without a Will:

• Your spouse or civil partner is entitled to prior rights — the home (up to a statutory value), furniture, and a cash sum.
• They also have legal rights to a share of your moveable estate (money, investments, possessions), even if you have children.
• Any remaining estate is divided under intestacy rules, which may give children or other relatives a share.

If you have a Will, you can decide who inherits, but your spouse or civil partner can still claim legal rights.

Cohabitants

Unmarried partners have no automatic right to inherit. If you die without a Will, a cohabitant must apply to the court within six months of death to claim a share. The court decides the amount, which may be less than a spouse or civil partner would receive. Without a Will and without a successful claim, they will inherit nothing.

Children

Children — including adopted children — have legal rights to a share of your moveable estate. This applies whether or not you have a Will. Stepchildren have no automatic rights unless legally adopted or named in your Will.

If you die without a Will and have no spouse or civil partner, your children inherit the whole estate.

Key Points to Remember

• Legal rights apply whether or not you have a Will.
• Cohabitants must claim through the court within strict time limits.
• Stepchildren do not inherit unless legally adopted or named in your Will.
• A Will gives you control and reduces uncertainty.

To discuss your circumstances and obtain a quotation for preparing or updating your Will, please contact Hastings Legal.