IHTM12142 | Succession: Intestacy: Intestacy (Scotland): Rules of intestacy

From HM Revenue & Customs · Inheritance Tax Manual

The rules of intestacy are found in the Succession (Scotland) Act 1964 as amended from time to time. Under these rules the personal representatives are required:

  • to pay the deceased’s debts and expenses and, where appropriate in cases of partial intestacy any legacies bequeathed by the Will, and

  • to distribute any of the deceased's free executry estate not disposed of by Will in accordance with the distribution rules () for an intestacy.