English will but property in Scotland 6 September 2022 at 7:15PM in Deaths, funerals & probate 5 replies 211 views

GlasgowExpat2

I am a single person with no dependants. I have a sibling but they won’t be a beneficiary of my will. 
An English solicitor has drawn up a will but is saying I should seek advice in Scotland whether the will would be acceptable under the Scottish rules of succession. As I don’t have any children and have never been married surely the rules of succession don’t apply?

macman

I think they are saying that if your will was invalid under Scottish law, then the laws of intestacy would apply, and your sibling would inherit, which you apparently do not wish to happen?
But really this is a question you need to ask of your solicitor.

user1977

macman said:

But really this is a question you need to ask of your solicitor.

Or rather, it's a question you need to ask of a Scottish solicitor...

It's generally safer to make a Will in the jurisdiction of any real property, although in practice I expect the English Will should do the job if you're sure you won't have a spouse or children claiming legal rights by the time you die.

GlasgowExpat2

user1977 said:

macman said:

But really this is a question you need to ask of your solicitor.

Or rather, it's a question you need to ask of a Scottish solicitor...

It's generally safer to make a Will in the jurisdiction of any real property, although in practice I expect the English Will should do the job if you're sure you won't have a spouse or children claiming legal rights by the time you die.

My main property is in England. The property in Scotland is rented out.  I definitely won’t have a spouse or children when I die

Keep_pedalling

GlasgowExpat2 said:

user1977 said:

macman said:

But really this is a question you need to ask of your solicitor.

Or rather, it's a question you need to ask of a Scottish solicitor...

It's generally safer to make a Will in the jurisdiction of any real property, although in practice I expect the English Will should do the job if you're sure you won't have a spouse or children claiming legal rights by the time you die.

My main property is in England. The property in Scotland is rented out.  I definitely won’t have a spouse or children when I die

In which case Scottish inheritance law does not apply to your Scottish property and your English will will cover it. Even if you had children they would have no claim of legal rights. Residency is the key think not where in the UK your assets sit.

buddy9

I you die domiciled in England and your executor has a Grant of Probate, then this gives your executor title to deal with any property you own in Scotland.

As k_p says, Scottish inheritance law would not apply (unless your domicile changed to Scotland).