Home / Legal principles of life insurance / - Dying Without a Will in Scotland

In Scotland , the distribution of the estate of a person dying intestate is governed by the Succession ( Scotland ) Act 1964, as amended from time to time.

The Act provides for the estate to be distributed to the surviving relatives of the deceased in the following order.

A Widow, widower or registered civil partner only

The widow or widower gets:

• any dwelling house owned by the deceased where the surviving spouse or registered civil partner was ordinarily resident at the date of death, up to a value of £300,000 plus
• furniture etc up to a value of £24,000.
• If the remainder of the estate does not exceed £75,000, the whole goes to the widow, widower or registered civil partner.

B Widow, widower or registered civil partner and child or children and, if any, issue of predeceasing widower.

• The dwelling house and furniture etc as above goes to the widow or widower.
• If the remainder of the estate does not exceed £42,000, the whole goes to the widow, widower or registered civil partner.
• Otherwise £42,000 goes to the widow or widower plus seven per cent interest from the date of death.
• The balance goes one-third to the widow or widower, and two thirds to children per capita and issue of predeceasing children per stirpes.

C Widow, widower or registered civil partner and grandchildren

• The dwelling house and furniture etc as above goes to the widow, widower or registered civil partner.

If the remainder of the estate does not exceed £42,000, the whole goes to the widow, widower or registered civil partner.

• Otherwise £42,000 goes to the widow, widower or registered civil partner plus seven per cent interest from the date of death.
• The balance goes one-third to the widow, widower or registered civil partner, and two-thirds to children per capita and issue of predeceasing children per stirpes.

D Children and, if any, issue of predeceasing children.

• The whole goes to the children per capita and issue of predeceasing children per stirpes.

E Grandchildren only

• The whole estate goes among them equally.

F Parents, brothers and sisters and, if any, issue of predeceasing brothers or sisters.

• One-half goes to the parent or parents equally.
• The other half goes to brothers and sisters per capita and issue of predeceasing brothers or sisters per stirpes.

G Brothers and sisters and, if any, issue of predeceasing brothers or sisters.

• The whole goes to brothers and sisters per capita and issue of predeceasing brothers or sisters per stirpes.

H Nephews and nieces only.

• The whole of the estate goes among them equally.

I No surviving kin.

• Where a person dies intestate and without leaving kin entitled to his/her estate, the estate passes to the Crown.