Most people don’t plan for the end. It’s easy to put off. But if you die without a will in Scotland, the law decides what happens next, not you. And that can leave your family confused, stressed, and sometimes left out completely.
Many assume everything will pass to a partner or children. Sometimes that happens. But in lots of cases, it doesn’t. That’s why understanding how intestacy works in Scotland can make a real difference for the people you care about.
What the Law Calls It
When someone dies and hasn’t left a will, it’s called intestacy. In Scotland, the Succession (Scotland) Act 1964 sets out what happens. It’s a list, not a judgment call. The law doesn’t take into account who you loved most, who supported you, or who needs help after you’re gone.
Your estate, meaning your home, savings, belongings, and anything else you own, gets divided based on a fixed order.
What Happens First: Prior Rights
If you were married or in a civil partnership, your spouse or partner has some guaranteed rights. These are known as prior rights. They come before anyone else gets a share.
This includes:
- The family home, up to £473,000 in value
- Furniture and contents, up to £29,000
- A cash sum of £50,000 if you have children, or £89,000 if you do not
If the estate is small, these rights might use it all up. That means children or other relatives may receive nothing.
Next: Legal Rights
After prior rights are settled, legal rights apply to what’s left of your moveable estate. That’s things like money in the bank, cars, jewellery, and investments. It does not include land or property.
Your spouse and children may each be entitled to a share. If only one group survives, they could receive half. If both survive, each might get a third. These rights apply whether or not you wrote a will, unless the rights were formally given up.
Then Comes the Rest
Anything still left after prior and legal rights is called the residue. If there’s no will, the residue goes to family members in a specific order set out by law.
That order looks like this:
- Children and their descendants
- Parents and siblings
- Half-siblings
- Grandparents
- Aunts and uncles
- More distant relatives
If no relatives are found at all, everything could go to the Crown.
What About Unmarried Partners?
This is where many people are caught off guard. If you lived with someone but weren’t married or in a civil partnership, they don’t automatically inherit anything. It doesn’t matter if you shared a home for 20 years.
That person can apply to the court for a share, but only within six months of the death. The court looks at your relationship, your finances, and other factors. But even with all that, there’s no promise they’ll get anything.
If you want a partner to inherit from you, it has to be written into a valid will.
And If There Are Children?
If a parent dies without a will and they have children under 16, the question of guardianship can become unclear. The court may need to step in and decide who takes over. Relatives can apply, but there’s no guarantee they’ll be chosen.
By naming a guardian in your will, you remove uncertainty and protect your children from unnecessary legal decisions during an already difficult time.
Who’s in Charge?
Someone still has to deal with your estate. That person is called the executor. If you didn’t name one in a will, the court has to appoint someone. This person becomes the executor dative.
They’re responsible for sorting out debts, gathering paperwork, and making sure the estate is handled correctly. The process of getting legal authority to do that is called confirmation in Scotland.
If you die without a will, applying for confirmation often takes longer and may require more legal help.
Why It Matters
If you die without a will in Scotland, everything is decided by the law. Not your partner. Not your best friend. Not the sibling you always said would handle things. And certainly not based on anything you said but never wrote down.
The people you care most about could be left out. Others you barely knew could inherit instead. You lose control, and the people left behind deal with the consequences.
Final Thoughts
Writing a will doesn’t take long. It’s not just for people with large estates. It’s for anyone who wants to make sure their home, savings, children, or personal belongings go where they believe they should.
At MM Legal, we help people across Scotland write clear, simple wills that reflect what they want. If you haven’t written a will yet, now’s a good time to start. It gives peace of mind today, and protection for the people you care about tomorrow.