http://www.legislation.gov.uk/ssi/2005/252/schedule/made
The Prior Rights of Surviving Spouse (Scotland) Order 2005
Legislation
King's Printer for Scotland
2011-07-04
SUCCESSION
Where a person dies intestate leaving a spouse, the surviving spouse’s prior rights in terms of section 8 and 9 of the Succession (Scotland) Act 1964 are at present as follows–Where the deceased had an interest as owner or tenant in a dwellinghouse in which the surviving spouse was ordinarily resident, the surviving spouse has a prior right–where the value of the interest does not exceed £130,000, to the interest (or in certain cases to a sum equal to its value); orin any other case, to the sum of £130,000.Where the deceased owned the furniture and plenishings of a dwellinghouse in which the surviving spouse was ordinarily resident, the surviving spouse has a prior right–where the value of the furniture and plenishings does not exceed £22,000, to the whole furniture and plenishings; orin any other case, to such part of the furniture and plenishings, to a value not exceeding £22,000, as the surviving spouse may choose.The surviving spouse has a prior right–where the deceased left issue, to the sum of £35,000; orwhere the deceased left no issue, to the sum of £58,000.
The Prior Rights of Surviving Spouse (Scotland) Order 2005
Order
The Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011
art. 3
art. 1
SCHEDULE
Article 2
1 | 2 | 3 |
|---|---|---|
Provision of the Succession (Scotland) Act 1964 | New Amount | Old Amount |
Section 8(1)(a) and (b) | £300,000 | £130,000 |
Section 8(3)(a) and (b) | £24,000 | £22,000 |
Section 9(1)(a) | £42,000 | £35,000 |
Section 9(1)(b) | £75,000 | £58,000 |