LegalizeThe Prior Rights of Surviving Spouse (Scotland) Order 1999
Made: 17th February 1999
Laid before Parliament: 1st March 1999
Coming into force: 1st April 1999
The Secretary of State, in exercise of the powers conferred upon him by sections 8(1) and (3) and 9(1) of the Succession (Scotland) Act 19641 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement
1
This Order may be cited as the Prior Rights of Surviving Spouse (Scotland) Order 1999 and shall come into force on 1st April 1999.
Amendment of Succession (Scotland) Act 1964
2
The amounts fixed in the provisions of the Succession (Scotland) Act 1964 that are specified in column 1 of the Schedule to this Order shall be the amounts specified in the corresponding entry in column 2 instead of the amounts specified opposite thereto in column 32.
Revocation
3
The Prior Rights of Surviving Spouse (Scotland) Order 19933 is hereby revoked.
SCHEDULE
| 1 | 2 | 3 |
|---|---|---|
| Provision of the Succession (Scotland) Act 1964 | New Amount | Old Amount |
| Section 8(1)(a) and (b) | £130,000 | £110,000 |
| Section 8(3)(a) and (b) | £22,000 | £20,000 |
| Section 9(1)(a) | £35,000 | £30,000 |
| Section 9(1)(b) | £58,000 | £50,000 |
Signed
Henry McLeish — Minister of State, Scottish Office — 17th February 1999
Explanatory note
(This note is not part of the Order)
Where a person dies intestate leaving a spouse, the surviving spouse’s prior rights in terms of sections 8 and 9 of the Succession (Scotland) Act 1964 are at present as follows:–
- (1) Where the deceased had an interest as owner or tenant in a dwellinghouse in which the surviving spouse was ordinarily resident, the surviving spouse has a prior right–
- (a) where the value of the interest does not exceed £110,000, to the interest (or in certain cases to a sum equal to its value); or
- (b) in any other case, to the sum of £110,000.
- (2) where the deceased owned the furniture and plenishings of a dwellinghouse in which the surviving spouse was ordinarily resident, the surviving spouse has a prior right–
- (a) where the value of the furniture and plenishings does not exceed £20,000, to the whole furniture and plenishings; or
- (b) in any other case, to such part of the furniture and plenishings, to a value not exceeding £20,000, as the surviving spouse may choose.
- (3) The surviving spouse has a prior right–
- (a) where the deceased left issue, to the sum of £30,000; or
- (b) where the deceased left no issue, to the sum of £50,000.
This Order increases the two amounts of £110,000 mentioned at (1) above to £130,000. It increases the two amounts of £20,000 mentioned at (2) above to £22,000. It increases the amounts of £30,000 and £50,000 mentioned at (3) above to £35,000 and £58,000 respectively.
This Order takes effect only in relation to the estate of any person dying after the coming into force of the Order, in accordance with section 9A of the Succession (Scotland) Act 1964 (as inserted by section 4 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 c. 55).
Footnotes
1964 c. 41; sections 8 and 9 were amended by the Succession (Scotland) Act 1973 (c. 25), section 1(1); section 9 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70), section 3 and Schedule 1, paragraph 2, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), section 4 and the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 2.
The previous amounts were fixed by S.I. 1993/2690.
S.I. 1993/2690.
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