The Inheritance Law in Scotland

Written by paul cartmell | 13/05/2017

Inheritance law in Scotland is designed to protect the legal rights of family members, such as a spouse, civil partner and children. The Scot Wills website explains it is not entirely possible to remove the rights of family members from an estate.


According to the Scottish government's website, the property of a deceased person is split into two types, movable and heritable estates. The movable estate consists of property including money, shares, furniture and jewellery. Heritable property includes land and buildings owned by the deceased person.


Claims can only be made on the movable property of a deceased person under Scottish inheritance law, according to the Scottish government's website. A surviving spouse or civil partner is entitled to one-third of movable property when children survive the deceased and one-half the movable estate when no children or descendants survive.


Scot Wills explains the writing of a will in Scotland allows the deceased to choose who should receive heritable property. Limits can be placed on the amount of movable property given to each family member, with legal claims allowed against movable property wills.

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