Legal rights—Scotland

Produced in partnership with Jacqueline Leslie of Harper Macleod LLP
Practice notes

Legal rights—Scotland

Produced in partnership with Jacqueline Leslie of Harper Macleod LLP

Practice notes
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FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions will require secondary legislation from Scottish Ministers to be brought into force whereas the provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation.

Protection against disinheritance

Where a person dies domiciled in Scotland, legal rights form part of the entitlement of the deceased's spouse and children (or, in some situations, remoter issue) where the deceased died Intestate. Legal rights also protect the surviving spouse and the deceased's children where the deceased left a Will. Legal rights arise automatically but, where the deceased left a Will, they must be claimed.

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Jurisdiction(s):
United Kingdom
Key definition:
Intestate definition
What does Intestate mean?

A reference to a person who has died without leaving a valid Will or who has failed to dispose of their entire estate by Will.

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