Fergusson Law

DYING INTESTATE Do you have a Will? If you die without making a will , your estate may not be distributed in the way you would have intended, and it might cause real problems for your family. The issue is of particular concern to buy-to-let investors, who own flats and houses in addition to their family home. If you do not have a Will in Scotland , your estate is divided according to the rules of intestacy. FIRSTLY, IF THERE IS A SURVIVING SPOUSE THEY GET PRIOR RIGHTS. The family home (if they live there) up to a value of £473,000 Contents (if they live there) up to a value of £29,000 Cash - £50,000 if there are children, £89,000 if there are none. IF THERE ARE MOVEABLE ASSETS LEFT AFTER PRIOR RIGHTS, LEGAL RIGHTS APPLY These only apply to moveable assets – that is everything except houses, flats and land. Surviving spouse and children: spouse gets 1/3 rd  of moveable assets, children between them share 1/3 rd  of moveable assets. Final 1/3 of moveable assets goe