The Scottish Government's plans to reform succession law in Scotland could affect many people’s wills according to the Scotsman’s Peter Shand.
The Succession (Scotland) Act 1964 is still the law in place that decides how the law is applied following someone’s death, and can dictate what occurs if someone dies without a will or if someone wishes to challenge a will.
Scottish Law Regarding Wills
In Scotland, if you are married you are not entitled to inherit their spouse’s entire estate on death if the deceased failed to put in place a will. Despite requests from many campaigners and MSPs to update the rules in Scotland, the country still utilises the rules from 1964 to dictate what occurs.
However, the Scottish Government are set to reform how the law operates regarding wills in a two-stage process. Stage one will introduce some changes suggested by the Law Commission while the second stage aims to address questions such as what happens if you die without a will, and what protection marriage offers.
Such a significant change could lead to more people contesting wills or being unsure exactly what happens when they die. Furthermore, such changes could eradicate certain proposals in a will forcing wills to be amended.
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