The Prior Rights of Surviving Spouse and Civil Partner (Scotland) Order 2011
Where a person dies intestate leaving a spouse or civil partner, the surviving spouse or civil partner’s prior rights in terms of section 8 and 9 of the Succession (Scotland) Act 1964 are at present as follows—Where the deceased had an interest as owner or tenant in a dwellinghouse in which the surviving spouse or civil partner was ordinarily resident, the surviving spouse or civil partner has a prior right—where the value of the interest does not exceed £300,000, to the interest (or in certain cases to a sum equal to its value); orin any other case, to the sum of £300,000.Where the deceased owned the furniture and plenishings of a dwellinghouse in which the surviving spouse or civil partner was ordinarily resident, the surviving spouse or civil partner has a prior right—where the value of the furniture and plenishings does not exceed £24,000, to the whole of the furniture and plenishings; orin any other case, to such part of the furniture and plenishings, to a value not exceeding £24,000, as the surviving spouse or civil partner may choose.The surviving spouse or civil partner has a prior right—where the deceased left issue, to the sum of £42,000; orwhere the deceased left no issue, to the sum of £75,000.