The Scottish Government has recently announced changes to the law that will enable more people to stay in their homes if their husband, wife or civil partner has died without making a will. These changes follow a consultation on these areas of succession law that took place earlier this year.
Currently, if a home-owner dies without making a will, their spouse or civil partner might have to sell the family home if it was worth more than £300,000. The changes announced by the Government mean that, with effect from 1st February 2012, this house value limit will be increased to £473,000.
The Scottish Government has also announced that the financial limits where a sheriff clerk can prepare an inventory and declaration to finalise an estate without the need for a solicitor will be increased to £36,000.
Minister for Community Safety and Legal Affairs, Roseanna Cunningham, said:
"These small but much needed changes will offer protection for those who have lost a loved one and are left to deal with the consequences when no will has been made.
"The increase in limits to £473,000 means that most people in Scotland will be able to stay in the family home they shared with their spouse or civil partner, sparing them the distress and disruption of leaving their homes at such a difficult time.
"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.”
Both of these changes are due to be made by negative resolution of a statutory instrument in the Scottish Parliament and are due to come into force on 1st February 2012. They were both last increased in 2005.