News In Focus
12 May 2005
House prior rights raised to £300,000
Spouses' prior rights on intestacy in the family home are being sharply raised to reflect changes in property values.
At the moment if a home-owner dies without making a will their spouse might have to sell the family home if it is worth more than £130,000, as their first claim on the value of the house is limited to that sum. Justice Minister Cathy Jamieson announced today that the limit will be increased to £300,000 from 1 June 2005.
The limit has not been increased since 1999. The increase reflects the substantial increase in house prices in the last six years.
The Minister also announced a separate order to raise to £30,000 the maximum value of an estate for which a sheriff clerk can prepare an inventory and declaration to finalise the estate without the need for a solicitor.
Cathy Jamieson said: "These small but much needed changes will offer protection to older people in Scotland who have lost a loved one and are left to deal with the consequences when no will has been made.
"As Help the Aged have pointed out, older people in particular find that their property was held by the husband only as joint named title was not common practice until more recent times. The increase in limits to £300,000 means that most people will be able to stay in the family home they built up with their partner.
"The increase to £30,000 for small estates will mean a greater number of estates will be able to be finalised without the need for extra legal expenses. Both these changes will benefit those who are sometimes vulnerable emembers of our society and at a time when that vulnerability is exacerbated by grief.
"These are additional safeguards when an individual has not left a will. It is a reminder to us all just how important a document a will can be. Obviously it is up to individuals to decide but making a will is the best way to make your intentions known to those who are left behind."