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Prior rights are the first claim on a deceased person's estate in Scotland — available only to a surviving spouse or civil partner. The spouse can claim the family home (up to £473,000), household contents (up to £29,000), and a cash sum (£50,000 if there are children, £89,000 if not). Cohabitants get no prior rights.
Prior rights are a foundational concept in Scottish succession law, designed to protect a surviving spouse or civil partner from being left destitute when someone dies without a will. They are the first charge on the estate, taking precedence over children's claims and all other entitlements.
The three prior rights.
*1. The dwellinghouse right* — the most valuable. The surviving spouse can claim ownership of, or a cash equivalent for, the family home, up to a current limit of £473,000. This right applies if: the spouse was ordinarily resident in the property at the date of death; the property is in Scotland; and the deceased owned the property (or a share of it) as part of the estate. If the property is worth more than £473,000, the spouse receives the £473,000 limit in cash rather than ownership.
*2. The furniture right* — up to £29,000 worth of household furniture and plenishings (furnishings, appliances, items in the home) that were used by the family. Any household goods claimed under this right reduce the cash available.
*3. The financial provision* — a cash sum of £50,000 if the deceased left surviving children or descendants, or £89,000 if there are no children. This comes from the estate's remaining assets after the house and furniture are claimed.
Prior rights exhaust many estates. In an estate where the family home is worth £300,000 and there is modest additional wealth, prior rights will often consume the entire estate. Children may receive little or nothing under intestacy when there is a surviving spouse — even if the children were from a previous relationship.
Prior rights do not depend on a will. They arise automatically under the Succession (Scotland) Act 1964 whenever someone dies intestate. They cannot be defeated by a will for the prior rights themselves — though a will allows the deceased to make additional or different provisions for the estate beyond what the law requires.
Interaction with legal rights. After prior rights are satisfied, children have a claim to "legitim" — a fixed share of the net moveable estate. If prior rights have consumed the entire moveable estate, there may be nothing left for legitim.
Prior rights only apply on intestacy — when someone dies without a will. If there is a will, it governs the distribution of the estate (though children can still claim their 'legitim' share from the moveable estate, regardless of what the will says). A will can therefore override the prior rights framework, though it cannot prevent children from claiming legitim.
Joint ownership affects how prior rights apply. If the property is held in joint tenancy (survivorship), ownership passes to the survivor automatically outside the estate — no prior rights are needed. If held as tenants in common (common in cohabiting couples or where each party owns a defined share), the deceased's share falls into the estate and prior rights can apply to that share up to the £473,000 limit.
The prior rights limits are set by Scottish Ministers by statutory instrument and are updated periodically. The current limits (£473,000 for the house, £29,000 for furniture, £50,000/£89,000 for the financial provision) were last updated in 2023. Future increases will be announced by the Scottish Government and take effect from a specified date.