A public consultation has been launched on bringing the law covering inheritance in Scotland up to date and made fairer.

The Scottish Government led initiative asks how an estate should be split when there is both a surviving spouse and children. It also considers what rights cohabitants should have regarding succession and whether step-children should have the same inheritance rights as biological or adopted children.

The study also seeks views on changing the law to remove anyone convicted of murder and other crimes from being executors of their victims’ wills.

Local MSP Kenneth Gibson said: “The make-up of families in Scotland is vastly different today than when inheritance laws were enacted over half a century ago. Such laws touch our lives when we are most vulnerable, so it is important to get it right.

“Reforms should reflect 21st century Scotland and the law should representative. The 2011 Census showed that 16% of Scottish to be cohabitating couples. It is important that, if they don’t leave a will, the law of intestacy delivers fair outcomes. The Census also showed that 8% of married couple families and 29% of cohabiting couple families to be step-families.

“It is clearly time to bring inheritance law up to speed with the needs of modern families in North Ayrshire and across Scotland. We want to hear from people of all ages and backgrounds and I urge constituents to take this opportunity to share their opinions and experiences through participation in the Consultation on the Law of Succession by 10 May 2019.”

Convener of the Law Society of Scotland’s Trusts and Succession Law Sub-Committee Gordon Wyllie added:

“We welcome the opportunity for consultation and reform of succession law. The law must reflect modern society, and we strongly encourage reform in areas where the law has struggled to keep up with societal and technological changes.

“We believe that changes to inheritance rules are required and look forward to engaging with the SNP Government on this issue.”

To engage in the consultation, please go to: https://consult.gov.scot/justice/law-of-succession-2019