# What are legal rights in a Scottish will?

> Quick answer · Last updated 22 August 2026

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## In short

Legal rights are a protected share of the moveable estate (money, investments, cars, most personal belongings) for a surviving spouse or civil partner and for children. A Scottish will cannot fully switch them off. They are not the same as England and Wales intestacy, and they do not apply to land and buildings.

On intestacy, prior rights for a spouse or civil partner come first (home, furniture and a cash sum up to statutory caps). Legal rights then apply to what is left of the moveable estate. Unmarried partners have no automatic share.

England and Wales online will tools, including SwiftWill, are not for Scottish estates. Confirmation in the sheriff court replaces probate. Guide: [Scotland wills and intestacy](/family-life/scotland-wills-and-intestacy/).

Official: https://www.mygov.scot/wills-and-succession

## Related

- [Scotland wills and intestacy](https://moneyguide.org.uk/family-life/scotland-wills-and-intestacy/)
- [England and Wales wills](https://moneyguide.org.uk/family-life/wills-and-intestacy/)

## Primary source

mygov.scot/wills-and-succession

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Independent UK money guidance from [Money Guide](https://moneyguide.org.uk). Information only — not regulated financial advice.