Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Intestate definition

What does Intestate mean? Describes a death where the deceased left no valid will, or where a valid will fails to dispose of the whole estate (partial intestacy). The term is used both as an adjective and as a noun (the intestate). The estate is then distributed under statutory intestacy rules. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though procedures and shares differ by jurisdiction. In England and Wales, distribution is under the Administration of Estates Act 1925 (as amended), and a personal representative seeks a grant of letters of administration. In Scotland, intestacy is governed principally by...

Legal rights (forced heirship) in Scotland: calculation, testacy/intestacy claims, executors' duties, valuation, interest, discharges and planning, including Trusts and Succession (Scotland) Act 2024 reforms

Published by a LexisNexis Private Client expert

Practice notes

FORTHCOMING CHANGE :

Royal Assent was granted to the Trusts and Succession (Scotland) Act 2024 on 30 January 2024, representing the first comprehensive overhaul of Scottish trusts law in more than a century since the principal Trusts (Scotland) Act 1921. Implementation of the trusts elements awaits formal commencement by secondary legislation made by the Scottish Ministers, whereas the succession provisions took effect on 30 April 2024. The main reforms intended to modernise the law are outlined in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be further updated to reflect this new legislation.

Protection against disinheritance

Where someone dies domiciled in Scotland, legal rights make up part of the entitlement of the deceased’s spouse and children (or, in certain circumstances, remoter issue) when the deceased died Intestate. These rights also protect the surviving spouse and the deceased’s children where a Will was left. Legal rights arise automatically; however, where a Will exists, they must be claimed. If not exercised, legal rights prescribe after 20 years...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...