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Succession (Scotland) Act 1964

The Succession (Scotland) Act 1964 is the principal Scottish statute governing how a deceased person's estate is distributed. It sets out the rules of intestate succession (where there is no will), the prior rights of a surviving spouse or civil partner, and the legal rights of spouse, civil partner, and children that bind even where there is a will. [source: legislation-gov-uk/succession-scotland-act-1964-contents-2026-05-03.html]

Key sections:

  • Sections 1–7 — the order of intestate succession to heritable and moveable estate.
  • Section 8 — prior rights to the dwelling house and to furniture and plenishings.
  • Section 9 — financial provision out of the estate as a further prior right.
  • Sections 10–13 — legal rights and the rules on satisfaction of legal rights.
  • Sections 14–16 — administration of the estate, the role of the executor, and the issue of Confirmation.

The monetary limits in sections 8 and 9 are not fixed in the Act itself; they are uplifted from time to time by Scottish Statutory Instrument. The most recent uplift is the Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011 (SSI 2011/436), which raised the dwelling-house limit to £473,000, the furniture and plenishings limit to £29,000, the financial provision (with issue) to £50,000, and the financial provision (without issue) to £89,000. [source: legislation-gov-uk/prior-rights-2011-schedule-2026-05-03.html]

The Act has been amended over the years by, among others, the Civil Partnership Act 2004 (extending its provisions to civil partners), the Family Law (Scotland) Act 2006, and successive SSIs adjusting the prior-rights limits.

A long-running Scottish Law Commission project has recommended further reform — particularly to the moveable–heritable distinction in legal rights and to the position of cohabitants — but the substantive reform of the 1964 Act has not yet been enacted as of 2026.

The 1964 Act has no direct counterpart in England and Wales; intestacy and forced-heirship-style rights are dealt with there by the Administration of Estates Act 1925 and the Inheritance (Provision for Family and Dependants) Act 1975 instead. → Confirmation in Scotland · Intestacy rules

Last verified: 3 May 2026 against legislation.gov.uk Succession (Scotland) Act 1964.