If you die without leaving a Will and you have a partner to whom you are not married or in a civil partnership with, they will not be automatically entitled to any part of your estate. If you have no Will however, they can apply to the court to ask them to consider a discretionary financial award under the current legislation.
Legal Insights & Industry Updates
Life, business and the law
The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interesting aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
Latest articles from Kathleen Martin
The rules of who inherits an estate may not reflect the wishes of the deceased which is why it is vital to ensure that your Will is valid and your estate is distributed as you wish and not by legislation.
A Court of Protection Judge ruled last week that an email sent four years ago was a "significant" record of a woman's views on being kept alive, and was valid as a 'Living Will' setting out how she wished to be treated medically in the future. Would this apply in Scotland?
Until March 2016, the courts required executors-dative in intestate estates to obtain a bond of caution before they would grant confirmation in an estate. Now, the relevant archaic legislation has been updated by the Succession (Scotland) Act 2016.
The news that the daughter of the late actor Paul Walker is to sue Porsche over the crash in which he died serves as a reminder of the importance of putting provisions such as a Will or a Trust in place to care for your children in the event of your death.