Dying Without a Will (Intestate) in Scotland
Published / Last Updated on 02/10/2024
Intestate means dying without a valid Will.
There are separate laws for England & Wales, Scotland, and Northern Ireland if you die without a Will or die with a Will that has been invalidated due to failure of clauses or it has been tampered with or written on.
See: Death No Will England Wales Death No Will Northern Ireland
This article and video explain what happens on death in Scotland without a valid Will.
Jointly Owned Assets
Such as ‘joint tenants’ on your home or a joint names bank accounts means that the whole of all the asset or cash is jointly and wholly owned by both you and your partner. In short, when you die, your partner already owns the whole property or bank account anyway, so they will automatically own this on your death even without a valid.
Terms to note:
- Issue - means hereditary bloodline children and/or legally adopted children, their children (your grandchildren), great grandchildren and so on
- Per Stirpes - this means equal shares per branch of the family e.g., two children = two branches of the family. If Isla makes a Will leaving her residual estate to her 2 children where 1 child has 2 children and her 2nd (younger) child has 3 children i.e., there are 5 grandchildren. If Isla’s youngest child has predeceased her then her 1st child inherits 50% of the estate and with the 2nd child having passed meaning her 3 children inherit the remaining 50% of the estate divided in 3 equal shares.
- Unmarried/Co-Habiting? Your 'common law' partner may be entitled to nothing on your death without a Will.
Laws of Intestacy i.e., Death Without a Will in Scotland
Married/Civil Partnership and No Children
- Your legally married surviving spouse/civil partner inherits 100% of the estate.
Married/Civil Partnership With Children (whether alive or predeceased you)
- Surviving Spouse/Civil Partner Inherits
- 1st £478,000 of Main Home Property Value (if property value below this is £250,000 then it is £250,000 only). Excess value over £478,000 to children.
- Contents/Possessions up to £29,000.
- Cash up to £50,000.
- 1/3rd of the residual estate.
- Children Inherit in equal shares (if more than 1 per stirpes)
- Balance of house value in excess of £478,000 (if any).
- 2/3rds of the residual estate.
Single with Children (even if child/children have predeceased you)
- 100% to your children in equal shares (or if any have predeceased you, their ‘issue’ [bloodline] receive that share in equal shares [per stirpes]).
Single with No Children or Bloodline Heirs
Intestacy Laws set a priority order of those that inherit as follows:
- Parents alive and deceased has no siblings 100%.
- Parents alive and deceased has siblings: 50% to parents 50% to siblings (per stirpes).
- Siblings (Brothers/Sisters) in equal shares and then their bloodline per stirpes 100%.
- Uncles/Aunts in equal shares and then their bloodline per stirpes 100%.
- Grandparents in equal shares 100%.
- Great Uncles/Great Aunts in equal shares 100%.
- The Crown (King Charles III).
Fees for Wills: Wills & Probate
Other useful links:
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