Prior rights¶
Prior rights are automatic entitlements that a surviving spouse or civil partner has over the estate of someone who has died intestate (without a will) in Scotland. They are paid out of the estate first, before any other beneficiary, including children. They apply only where the deceased was domiciled in Scotland and only where there is no will. [source: legislation-gov-uk/succession-scotland-act-1964-contents-2026-05-03.html]
The current monetary limits, fixed by the Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011 (SSI 2011/436), are:
| Right | Statutory provision | Limit |
|---|---|---|
| Dwelling house in which the survivor was ordinarily resident | Succession (Scotland) Act 1964, s.8(1)(a) and (b) | £473,000 |
| Furniture and plenishings of the house | Succession (Scotland) Act 1964, s.8(3)(a) and (b) | £29,000 |
| Financial provision (where survived by issue) | Succession (Scotland) Act 1964, s.9(1)(a) | £50,000 |
| Financial provision (where no issue) | Succession (Scotland) Act 1964, s.9(1)(b) | £89,000 |
| [source: legislation-gov-uk/prior-rights-2011-schedule-2026-05-03.html] |
Prior rights apply only on intestacy. Where the deceased left a valid will, the will controls the disposition of the estate, subject to the separate legal rights regime which a spouse or child can claim instead of (and not in addition to) any provision made by the will.
The amounts are reviewed periodically by Scottish Statutory Instrument; the 2011 Order is the most recent uplift. [source: legislation-gov-uk/prior-rights-2011-schedule-2026-05-03.html]
In England and Wales there are no equivalent automatic spousal claims; the intestacy rules specify a fixed-share statutory legacy and a percentage division instead. → Confirmation in Scotland · Succession (Scotland) Act 1964
Last verified: 3 May 2026 against legislation.gov.uk SSI 2011/436.