The consultation paper, seeks views on recommendations made by the Scottish Law Commission in their Report on Succession (2009) and, looks specifically at:
• What should happen when there is no will;
• What protections should be put in place from disinheritance, in particular for children, where there is a will, and;
• What further protections should there be for cohabitants.
Underpinning the proposed changes is that rights in succession should no longer depend on the type of property in the estate but will be able to be claimed from the whole estate.