What to do after a death in Scotland - practical advice for times of bereavement: revised 11th edition 2016 (web only)

General information on what to do after someone dies in Scotland and about succession and inheritance law. See for the latest information about benefits.

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23. Where the person left a will

If someone dies leaving a valid will, the prior rights described in section 19 do not apply.

A surviving spouse or civil partner and children can still claim the legal rights described in section 20. However, if someone has rights under a will and legal rights, he or she cannot have both. Such a person must choose between them.

For example, if a man dies and in his will he leaves his widow £2,000, she can choose to accept it, or can instead claim the one third or one half of his moveable estate that is her legal right.


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