Succession
The law of succession governs how a person's property passes on his or her death. General Information about the current law and practical advice on bereavement is given in the Scottish Government publication 'What to do after a death in Scotland.'
Domestic Initiatives
To aid consideration of whether to uprate key financial thresholds within current succession law, the Scottish Government published a consultation paper: Succession Law in Scotland - A Review of the Financial Limits of Prior Rights and Confirmation to Small Estates which ran until 23 May 2011. A copy of each response received was published, along with a summary analysis. In December 2011 the Scottish Government introduced secondary legislation to uprate the thresholds with effect from 1 February 2012.
More fundamentally, the Scottish Law Commission (SLC) has reviewed the law of Succession, (Report No.215) with the aim of simplifying complex legislation and reflecting public expectations in 21st century Scotland. The Scottish Government is giving consideration to the SLC's report.
EU Initiatives
The European Commission is progressing work on succession on cross border estates. The Scottish Government worked with the Ministry of Justice to develop a joined-up UK position in relation to the EU proposal, and did so in light of responses to the consultation exercise which which ran until 2 December. An announcement was made on 16 December 2009 by the then Secretary of State for Justice, Mr Jack Straw MP stating the intention not to opt in to European Commission's proposed regulation on succession and wills. The full statement can be viewed via the UK Parliament website.