8 Prior rights of surviving spouse, on intestacy, in dwelling house and furniture
Succession (Scotland) Act 1964 (1964 c 41) | Legislation

Part II Legal and Other Prior Rights in Estates of Deceased Persons

8  Prior rights of surviving spouse, on intestacy, in dwelling house and furniture

(1)     Where a person dies intestate leaving a spouse [or civil partner], and the intestate estate includes a relevant interest in a [dwelling house mentioned in subsection (4)(a) of this section,] the surviving spouse [or civil partner] shall be entitled[, subject to subsection (2B) of this section,] to receive out of the intestate estate—

(a)     where the value of the relevant interest does not exceed [£30,000 or such larger amount as may from time to time be fixed by order of the Secretary of State]—

(i)     if subsection (2) of this section does not apply, the relevant interest;

(ii)     if the said subsection (2) applies, a sum equal to the value of the relevant interest;

(b)     in any other case, the sum of [£30,000 or such larger amount as may from time to time be fixed by order of the Secretary of State]:

.Ìý.Ìý..

(2)     This subsection shall apply for the purposes of paragraph (a) of the foregoing subsection if—

(a)     the dwelling house forms part only of the subjects comprised in one tenancy

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