Scotland
if
you are single
If a single person dies intestate (without a Will) in Scotland
and their estate is worth more than £ 25,000 or more
the following happens –
everything goes to their children if any, whom failing
everything goes to their parents should they be alive, whom
failing
everything goes to their brothers and sisters or their children
if any, whom failing
everything goes to their grandparents if alive, whom failing
everything goes to any blood relatives if any, whom failing
everything goes to any traceable blood relative, whom failing
everything goes to the Government
and nothing goes to anyone else |
if
you are married (with no children)
Should a married person with no children die without a Will in
Scotland the following occurs -
the first £ 130,000 + plenishings up to £ 22,000 +
a further £ 58,000 go to their spouse
the remainder goes to the deceased’s parents if alive and
shared with brothers and sisters, whom failing
the remainder goes to their brothers and sisters if any, whom failing
the remainder goes to spouse if alive, whom failing
the remainder goes to uncles and aunts if any, whom failing
the remainder goes to their grandparents or their brothers and
sisters if any, whom failing
the remainder goes to any traceable blood relative, whom failing
the remainder goes to the Crown
if
you are married (with children)
Should a married person with children die without a Will in Scotland
the following occurs -
the first £ 130,000 + plenishings up to £ 22,000 +
a further £ 35,000 go to their spouse
the remainder goes to the children. In the case of children under
16 years old a guardian needs to be appointed in case they are orphaned
Mintaplan Limited (01764 655633 or david@miplan.co.uk)
is happy to assist. A solicitor should be consulted in the following
circumstances however -
you share a house with someone who is not your spouse or civil
partner
you have a dependent who cannot care for themselves
there are members of your family who can make a claim or mount
a challenge – e.g. 2nd wife, children from a first marriage
you are not a British citizen or your permanent home is abroad
or you own property that is abroad
you have a business or an estate/s, multiple properties and similar
however a valid Will must show the following
characteristics–
be made by a person who is 18 or more
must be made free from duress
must be made by a person who is in full command of their mental
capacities
be in writing
signed by the person in the presence of two sighted witnesses
be signed by the two witnesses after the person has signed and
these witnesses or their spouses may not also benefit from
a will
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