The Prior Rights of Surviving Spouse (Scotland) Order 1993
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:–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–where the value of the interest does not exceed £65,000, to the interest (or in certain cases to a sum equal to its value); orin any other case, to the sum of £65,000.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–where the value of the furniture and plenishings does not exceed £12,000, to the whole furniture and plenishings; orin any other case, to such part of the furniture and plenishings, to a value not exceeding £12,000, as the surviving spouse may choose.The surviving spouse has a prior right–where the deceased left issue, to the sum of £21,000; orwhere the deceased left no issue, to the sum of £35,000.