Handling Property in Scotland with English Probate

HappyScotsman

Mother died in England and was resident there for many years so I, as Executor have sorted out the IHT and have Probate.

In her estate she had a house in Scotland. Does anyone know if Probate is sufficient to handle it's transfer/sale, or do I need to convert it to a Scottish equivalent so my authority it is recognised in Scotland?

buddy9

HappyScotsman said:

Mother died in England and was resident there for many years so I, as Executor have sorted out the IHT and have Probate.

In her estate she had a house in Scotland. Does anyone know if Probate is sufficient to handle it's transfer/sale, or do I need to convert it to a Scottish equivalent so my authority it is recognised in Scotland?

There is cross border equivalency. A Grant of Probate issued in England for a person domiciled in England, gives the executor good title to estate in Scotland by virtue of section 3 of the Administration of Estates Act 1971.

poseidon1

In general, English probate is recognised across the UK and especially Scotland  thus avoiding the need to get it resealed there- see below

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm05111#:~:text=IHTM05000-,IHTM05111 - Exceptions where no grant is needed: grant recognised in,can be found at IHTM05072.

No doubt you have a Scottish solicitor with appropriate experience to handle the transfer of title?   I understand in  your case the Scottish property is in fact a commercial building leased to commercial tenants, so likely requires amendments to the leases as well as interaction with  the Register of Scotland       for change of the title owner.

user1977

poseidon1 said:

No doubt you have a Scottish solicitor with appropriate experience to handle the transfer of title?   I understand in  your case the Scottish property is in fact a commercial building leased to commercial tenants, so likely requires amendments to the leases as well as interaction with  the Register of Scotland       for change of the title owner.

No amendment to the lease, just a notice to the tenant of the new landlord (and obviously also deal with practicalities like who is the contact for rent payment / management).