Scotland
Succession:
Tax:
Geographic
Legal rights (jus relictae/relicti), confirmation, intestacy (2024 Act), heritable/moveable classification, executry, survivorship destinations, crofting succession, LBTT, cohabitation claims
Scottish succession law — prior rights, legal rights, confirmation, cohabitation claims under Family Law (Scotland) Act 2006, intestacy (Succession (Scotland) Act 1964 as amended 2024), heritable/moveable classification, executry, survivorship destinations, crofting succession, LBTT
Maintained by
Testate Technologies Ltd
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Extension Fields
| Field | Type | Req | Description |
|---|---|---|---|
| cohabitationClaim | object | Claims by cohabitants under Family Law (Scotland) Act 2006 s.29 | |
| confirmation | object | Scottish equivalent of probate — confirmation is granted by the Sheriff Court | |
| croftingSuccession | object | Crofting succession under Crofters (Scotland) Act 1993 — special rules for crofting tenancies | |
| executryAppointments | array | Scottish-specific executor appointment details — nominate (by will), dative (by court), creditor (by creditor petition) | |
| forcedHeirship | object | Scotland has no forced heirship for heritable property — only legal rights apply to moveables. This field records whether the testator has attempted to defeat legal rights. | |
| heritableMoveableClassifications | array | Classification of estate items as heritable or moveable under Scots law — legal rights apply only to moveables | |
| intestacy | object | Intestacy calculation under Succession (Scotland) Act 1964 as amended by Trusts and Succession (Scotland) Act 2024 | |
| lbttExemption | object | LBTT succession exemption under LBTT(S) Act 2013 — estate transfers are exempt, but inherited dwellings affect ADS | |
| legalRights | object | Legal rights (jus relictae/jus relicti for spouse, legitim for children) — fixed fractions of moveable estate that cannot be defeated by will | |
| legislativeChanges | array | Tracked changes to Scottish succession legislation | |
| notes | string | ||
| priorRights | object | Prior rights of the surviving spouse/civil partner under Succession (Scotland) Act 1964 ss.8-9 | |
| survivorshipDestinations | array | Properties with survivorship destinations ('to A and B and the survivor') — pass outside the estate, overriding any will | |
| totalHeritableValue | Money | Sum of all heritable items | |
| totalMoveableValue | Money | Sum of all moveable items | |
| willFormalities | object | Scottish will formalities under Requirements of Writing (Scotland) Act 1995 |
Example Scenarios
3 case studies use this extension.
Harrison Marsh LLP
Eliminating re-keying across 5,000 probate cases a year
Mrs Pemberton's Superior Cat Hotel
Luxury cat boarding facility receiving structured care plans from deceased owners' estates
Munro & Co
Scots law intestate estates and Confirmation for a sole practitioner
At a Glance
Get in touch
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Subject: Jurisdiction Enquiry — Scotland