2 Rights of succession to intestate estate
Succession (Scotland) Act 1964 (1964 c 41) | Legislation

2  Rights of succession to intestate estate

(1)     Subject to the following provisions of this Part of this Act—

(a)     where an intestate is survived by children, they shall have right to the whole of the intestate estate;

[(ab)     where an intestate is survived by a husband, wife or civil partner, but is not survived by any prior relative, the surviving spouse or civil partner shall have right to the whole of the intestate estate;]

(b)     where an intestate is survived by either of, or both, his parents and is also survived by brothers or sisters, but is not survived by any prior relative, the surviving parent or parents shall have right to one half of the intestate estate and the

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