Inheritance law reform to keep up with society

Cohabitants do not have automatic rights to their partner’s estate
Cohabitants do not have automatic rights to their partner’s estate
ALAMY

Inheritance rules in Scotland could be reformed to reflect the make-up of modern families.

A consultation launched yesterday asks members of the public how an estate should be split when there is a surviving spouse and children.

It considers what inheritance rights cohabitants should have and whether stepchildren should have the same rights as biological or adopted children. Up to now the rules protect biological and adopted children so that parents cannot disinherit them. Cohabitants have no automatic rights and must apply to court for a discretionary payment from their partner’s estate.

Views are being sought on a potential change in the law for those convicted of murder and other crimes to be removed as executors of their victims’ wills.

Ash Denham, the community safety