Scottish law
Scottish Legal Rights
An introductory explanation of why legal rights may be relevant when preparing for a will discussion.
- Reading time
- 7 minutes
- Last updated
Overview
“Legal rights” is a Scottish succession-law term. It may be relevant to the position of a surviving spouse or civil partner and children, regardless of some wishes expressed in a will.
This short guide does not calculate an entitlement or determine who could make a claim.
Who may be affected
Whether legal rights are relevant depends on family relationships, the estate and the law applying at the time. Clear information about spouses, civil partners, children and the broad nature of assets helps a solicitor ask the right questions.
Why advice matters
If your wishes involve excluding or reducing provision for a close family member, mention this privately to a Scottish solicitor. They can explain the current law and the options relevant to your circumstances.
This guide is general information and is not legal advice.
Sources
Authoritative references used to support and review this guide.
- Succession (Scotland) Act 1964 — legislation.gov.uk
Related guides
- Intestacy in Scotland
What it means to die without a will and why individual circumstances need professional advice.
- Inheritance Tax: Preparation Questions
Information you may want to gather before asking a professional whether inheritance tax is relevant.
- When to Review or Update a Will
Life events and practical changes that may prompt a conversation with a Scottish solicitor.