Scottish inheritance: legal rights and prior rights calculator
In Scotland a spouse and children can claim a fixed share of the moveable estate even if the will leaves them nothing. With no will, the spouse first gets prior rights to the house, furniture and a cash sum. Enter the estate to see each share.
You’ll need the estate split into heritable property (land and buildings) and moveable property (everything else), after debts and funeral costs. The confirmation inventory shows this split.
Your result
Enter the heritable and moveable estate.
Scots law, prior rights 2012. Your inputs stay in this browser.
Figures checked 25 October 2026 Reviewed by [Reviewing solicitor, Scotland] Sources
How the shares are worked out
1. Prior rights (only if there is no will)
The surviving spouse or civil partner takes the deceased’s interest in the home they lived in, up to £473,000 (if it is worth more, they get £473,000 instead), furniture and contents up to £29,000, and cash of £50,000 with children or £89,000 without. The cash comes out of the heritable and moveable estate in proportion to their values.
2. Legal rights (with or without a will)
| Family | Spouse | Children (shared) |
|---|---|---|
| Spouse and children | 1/3 | 1/3 |
| Spouse, no children | 1/2 | None |
| Children, no spouse | None | 1/2 |
These fractions apply to the net moveable estate only, after prior rights if there is no will.
3. The rest
Everything left is the free estate. With a will it passes under the will. Without one it goes to the children first. Under the Trusts and Succession (Scotland) Act 2024, a spouse or civil partner now comes next if there are no children, ahead of parents and siblings. Check which rules apply to the date of death with a Scottish solicitor.
Worked example
Mairi dies without a will, leaving her husband and one son. Her share of the house is worth £200,000, contents £10,000, and other moveable estate brings the moveable total to £100,000.
Her husband takes the house (£200,000), the contents (£10,000) and £50,000 cash. That leaves £40,000 of moveable estate. Legal rights give her husband a third (£13,333) and her son a third (£13,333), and the son also takes the free estate of £13,333. Her husband receives about £273,333 and her son about £26,667.
Questions people ask
What are legal rights in Scotland?
Legal rights let a surviving spouse or civil partner and children claim a fixed share of the moveable estate, whatever the will says. The spouse’s share is called jus relicti (widower) or jus relictae (widow), and the children’s share is legitim. They apply only to moveable property, such as money, shares and cars, not to land or buildings.
How much is a spouse’s legal rights share?
A third of the net moveable estate if there are children, or a half if there are none. The children share a third between them if there is a surviving spouse, or a half if there is not.
What are prior rights?
Prior rights apply only when there is no valid will. A surviving spouse or civil partner can take the deceased’s interest in the family home up to £473,000, furniture and household contents up to £29,000, and a cash sum of £50,000 if there are children or £89,000 if not. Legal rights are then worked out on what is left.
Can I claim legal rights and keep what the will leaves me?
No. If you claim legal rights you give up what the will leaves you, unless the will says otherwise. Compare the two before deciding, and take advice: the effect on the other children’s shares depends on the rules of collation.
Do cohabitants have legal rights in Scotland?
No. A cohabitant has no legal rights or prior rights, but can ask the sheriff court for a payment from the estate if there is no will. The claim must be made within 6 months of the death, so get advice quickly.
Sources
This calculator gives general information, not legal or financial advice. A court, tribunal, the Home Office or the scheme administrator makes the actual decision. Read the disclaimer, and for advice on your own situation speak to a regulated adviser, a solicitor or Citizens Advice.