# Scotland wills, legal rights and prior rights — not England and Wales intestacy > Family & care · Last updated 22 August 2026 Canonical HTML: https://moneyguide.org.uk/family-life/scotland-wills-and-intestacy/ Markdown mirror: https://moneyguide.org.uk/family-life/scotland-wills-and-intestacy.md ## Quick answer Scots succession is not the England and Wales intestacy table. Without a will, a surviving spouse or civil partner has prior rights in the home (up to £473,000), furniture (up to £29,000) and a cash sum (£50,000 if there are children, £89,000 if not — confirm live statutory figures). Children and a spouse also have legal rights in the moveable estate that a will cannot fully switch off. Unmarried partners inherit nothing automatically. SwiftWill is England and Wales only — do not use it for a Scottish estate. ## Who should skip this Skip this if the estate is in England or Wales — use [wills and intestacy](/family-life/wills-and-intestacy/) and [how to write a will](/family-life/how-to-write-a-will-uk/). This is information, not Scots legal advice. Confirmation (not probate) is how executors prove title in Scotland. A Scottish will is usually signed by the granter and one witness under the Requirements of Writing (Scotland) Act 1995 — not the two-witness Wills Act 1837 rule. Official overview: https://www.mygov.scot/wills-and-succession ## Key facts - Prior rights (intestacy only): home up to £473,000, furniture up to £29,000, cash £50,000 with descendants or £89,000 without — Scottish Government bereavement guidance; confirm live uprating - Legal rights apply to moveable estate (money, shares, cars, most personal items) even if there is a will - Unmarried cohabitants have no automatic share — they may apply to the court under the Family Law (Scotland) Act 2006 - SwiftWill and other England and Wales document tools are not valid Scottish will services - Executors usually need confirmation from the sheriff court, not an England and Wales grant of probate ## Prior rights, legal rights and the free estate On intestacy, prior rights come first for a surviving spouse or civil partner. If the home is worth more than the cap, they take the cash equivalent of the cap rather than the house. Figures are set by order and can change — check mygov.scot before you budget. Legal rights (ius relicti/relictae for a spouse; legitim for children) are a protected slice of the net moveable estate. Heritable property — land and buildings — is outside legal rights. A child who is left a legacy by will usually has to choose between that legacy and legitim. This is why an England-style “leave everything to my partner” will can fail in Scotland. What remains after prior rights and legal rights is the free estate, distributed under the Succession (Scotland) Act 1964 as amended by the Trusts and Succession (Scotland) Act 2024. Where there is no will and no descendants, a surviving spouse or civil partner generally takes the remainder. Confirm the live rules on mygov.scot. ## How to make a Scottish will Use a Scottish solicitor or a dedicated Scottish will service. Do not print an England and Wales PDF and sign it in Glasgow. Witnessing, revocation, and how you deal with heritable property all differ. SwiftWill and similar England and Wales document tools are not valid for a Scottish estate — skip them here. A will still lets you choose executors, guardians and specific gifts, and it is the only reliable way to provide for a cohabitant. Funeral wishes in a will are not binding, but they help the person arranging the funeral — including any [Funeral Support Payment](/family-life/funeral-expenses-payment/) claim. ## After a death Small estates can use a simplified confirmation process. Larger or disputed estates need a solicitor. Tell Us Once still covers many UK-wide departments, but housing, council tax and some Scottish benefits are separate. England intestacy hub if the assets are actually south of the border: [wills and intestacy](/family-life/wills-and-intestacy/). ## Frequently asked questions ### Can I use an online England and Wales will if I live in Scotland? No. The signing rules and succession law are different. SwiftWill is England and Wales only. ### Does my unmarried partner inherit if I die without a will in Scotland? Not automatically. They may apply to the court for a discretionary award. A Scottish will is how you leave them a share. ### Is confirmation the same as probate? It is the Scottish equivalent, issued by the sheriff court, not HMCTS. Do not apply for England and Wales probate for a wholly Scottish estate. ## Primary source https://www.mygov.scot/wills-and-succession ## Related - [England and Wales wills and intestacy](https://moneyguide.org.uk/family-life/wills-and-intestacy/) - [How to write a will (England and Wales)](https://moneyguide.org.uk/family-life/how-to-write-a-will-uk/) - [Funeral Expenses Payment / Funeral Support Payment](https://moneyguide.org.uk/family-life/funeral-expenses-payment/) - [What are Scotland legal rights?](https://moneyguide.org.uk/answers/what-are-scotland-legal-rights-in-a-will/) --- Independent UK money guidance from [Money Guide](https://moneyguide.org.uk). Information only — not regulated financial advice.