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Legal & Estate
The first-ever Scottish intestacy calculator. See who inherits what under Scotland's unique three-layer succession system.
Scottish succession law is completely different from English law. This calculator shows who inherits under Scottish intestacy rules. If someone dies without a will in Scotland, the estate is distributed through prior rights, legal rights, and free estate — in that order.
Enter the family structure and estate details to see who inherits under Scottish law.
When someone dies without a valid will in Scotland, the estate is distributed through three layers — in strict order:
1. Prior rights — the surviving spouse or civil partner can claim the family home (up to £473,000), household contents (up to £29,000), and a cash sum (£50,000 if there are children, £89,000 if not). Only spouses/civil partners get prior rights — cohabitants get nothing.
2. Legal rights — fixed fractions of the remaining moveable estate (cash, investments, vehicles — not property). If there's a spouse and children, each gets 1/3. If only a spouse, they get 1/2. If only children, they share 1/2.
3. Free estate — whatever remains goes to children first, then spouse, then parents, then siblings. If no relatives can be found, the estate passes to the Crown.
Common law marriage does not exist in Scotland (abolished 2006). Unmarried partners inherit nothing automatically. They must apply to court within 12 months for a discretionary award — which is not guaranteed. This catches thousands of Scottish couples off guard every year.
The Trust and Succession (Scotland) Act 2024 changed the order of succession for the free estate and extended the cohabitant's court application deadline from 6 months to 12 months. If you're relying on old guidance, check it's been updated.
See who inherits. Enter the family structure and estate above to see the exact distribution under Scottish law.
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This calculator provides estimates only and does not constitute financial or tax advice. Always verify with Revenue Scotland, HMRC, or mygov.scot, and speak to a qualified financial adviser for advice specific to your circumstances.