US domiciled deceased relative with UK/US assets

enya999

My late grandmother was domiciled in the US until her death. She had assets in both the US and UK but only a UK will. The US assets have been distributed to me and my siblings by the US courts. The Scottish courts are requesting a legal opinion for the purpose of succession before progressing with grant of confirmation. We are unable to find a US solicitor willing to do so. Why are the UK courts asking for this? Surely if the US has ordered for the US assets to be distributed to her last remaining relatives then that is evidence enough and her UK will remains valid for the assets there? Advice appreciated. Thanks. 

Cairnpapple

When you say that you are unable to find a US solicitor to provide the opinion, is it the case that you personally have been unable to find one, or that your Scottish solicitor has been unable to find one?

I assume that the Scottish court involvement is because her UK assets are in Scotland?

buddy9

Was the will written while she was resident in the US with the intent of applying only to UK-based assets?
What exactly has the court asked for? 

Marcon

enya999 said:

My late grandmother was domiciled in the US until her death. She had assets in both the US and UK but only a UK will. The US assets have been distributed to me and my siblings by the US courts. The Scottish courts are requesting a legal opinion for the purpose of succession before progressing with grant of confirmation. We are unable to find a US solicitor willing to do so. Why are the UK courts asking for this? Surely if the US has ordered for the US assets to be distributed to her last remaining relatives then that is evidence enough and her UK will remains valid for the assets there? Advice appreciated. Thanks. 

It's not a UK court, it's a Scottish court, which brings different issues to bear. 

See https://www.lawscot.org.uk/members/journal/issues/vol-68-issue-07/cross-border-estates-some-top-tips/ and go down to point 4.

user1977

Marcon said:

enya999 said:

My late grandmother was domiciled in the US until her death. She had assets in both the US and UK but only a UK will. The US assets have been distributed to me and my siblings by the US courts. The Scottish courts are requesting a legal opinion for the purpose of succession before progressing with grant of confirmation. We are unable to find a US solicitor willing to do so. Why are the UK courts asking for this? Surely if the US has ordered for the US assets to be distributed to her last remaining relatives then that is evidence enough and her UK will remains valid for the assets there? Advice appreciated. Thanks. 

It's not a UK court, it's a Scottish court

Let's not confuse things by pretending that Scotland isn't part of the UK! It isn't an English court....