The Scottish inheritance system is outdated and discriminates against widows according to legal experts, the Scottish Law Commission.(SLC)
The announcement from the commission comes as the UK parliament debates further pension reform, and those at the SLC believe that Scotland runs the risk of being left behind if the Scottish system is not updated to match that of the UK.
The SLC have twice had proposals fail to make it to Scottish Parliament in an attempt to change the inheritance laws, despite the Scottish Government looking to strengthen the rights of unmarried couples.
Current Law
Currently, Scots law favours children over a wife or husband if those who die, pass away without a written will.
John Kerrigan, of the Law Society of Scotland’s trust and succession sub-committee, said: “In some cases the surviving spouse will get the house and a cash payment, but the children will scoop the rest.
“If you speak to most lay people and ask if they know this will happen, most will say they don’t want their 12, 13 or 14-year-old to inherit most of the estate.
“The most common misapprehension is a couple who don’t have wills, who say if one dies the other will inherit.
“That’s not what the law states and never has been.”
Scots Without A Will
According to statistics, around 67% of those who die each year in Scotland, do so without a will. with 53% being over 50. Failure to have a written will , can lead to failure in leaving behind an inheritance or can lead to a dispute over your will.
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