What are Legal Rights in Scotland?

Legal Rights are a part of Scottish law designed to stop someone from being disinherited. They apply automatically and allow a spouse/civil partner and any children (or their children if they have died ) to claim part of the estate, even if the Will left nothing to them.

For example, if the maker of the Will has left out a child, for example because they had a dispute, that child can make a claim on the estate and receive their Legal Rights as their inheritance. Sometimes, a beneficiary might choose to take their Legal Rights instead of what has been left to them in the Will, if it would be better for them. They cannot claim both.

If someone chooses not to take their Legal Rights, they can sign a discharge document so they cannot change their mind later.

If someone chooses to take their Legal Rights, then the Executor can ask them to sign a document to confirm they have accepted the amount due and received payment.

It is the duty of the Executor to make sure any Legal Rights are dealt with before paying out the rest of the estate, or they could become personally liable.

What are Prior Rights in Scotland?

If there is no Will then the Executor must also deal with Prior Rights before Legal Rights.

Prior Rights can be claimed by a spouse or civil partner. This could include a claim to a house, furniture and furnishings of that house, and money of the person who has died. The amount of the claim also depends on whether the person who has died had children. The maximum values of Prior Rights are fixed from time to time by order of the Secretary of State.

What is a Cohabitant’s Claim?

Another issue for the Executor, to be aware of, is that if the person who has died did not have a Will and was in a relationship but not married, that the surviving partner could make a claim on the estate if they were a co-habitant.

Legal Rights are a complex issue which are novel to Scotland however we can prepare what you need to make sure there will be no claim in the future.