1. Do I need a Will in Scotland?
Yes, if you want to control who inherits your estate. Without a Will (dying intestate), your estate is distributed according to the Succession (Scotland) Act 1964, which may not reflect your wishes.

2. What are Legal Rights in Scotland?
Legal Rights are automatic claims on your moveable estate (e.g., cash, shares, not land): Spouse/civil partner: 1/3 (if children) or 1/2 (if no children) Children: 1/3 (if spouse) or 1/2 (if no spouse), split equally

3. Can I leave my house to anyone I want? Yes — heritable property (land/buildings) is not subject to Legal Rights. You can bequeath your house freely in your Will, but the rest of your moveable estate remains subject to Legal Rights claims.

4. What is Confirmation, and do I need it? Confirmation is Scotland’s equivalent of probate. It’s required to access bank accounts, sell property, or transfer assets (except small estates under £36,000 via the Sheriff Court’s simplified process). Executors apply via the Sheriff Court.

5. What is a Trust, and why use one in Scotland?

A Trust separates legal ownership (held by trustees) from beneficial ownership (for beneficiaries).
Common uses:

- Protecting assets for minors/vulnerable adults Reducing Inheritance Tax (IHT) via discretionary trusts

- Avoiding care home fees (if set up early — rules are strict) Ring-fencing family wealth (e.g., liferent trusts)

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