English/Scottish wills and property trusts

Hi there,

My Mum just passed away. Have disovered her will was drawn up in 1983, in England, but she lived in Scotland the last 20 years, and died in Scotland too.

Her will contains a trust in respect of the house they had in England before moving to Scotland. The wording suggests that the trust will 'transfer' to any other house that subsequently becomes her principle dwelling. Basically, the trust was set up when she married her third husband, my stepfather, I think just to make sure that if he left her he didn't make off with all the money. If I read it correctly, he has right to reside for the rest of his life, but if/when he dies or vacates the property the property is to be sold and the proceeds will not form part of his estate. My stepfather did not leave her, and has in fact remained faithful and loving the whole 36 years of their marriage.

I have Power of Attorney for my stepfather (and for my mother, though I assume that this lapsed with her death), since he cannot manage paperwork himself, but I am not executor of the will - he is.

I will be getting legal advice, but in the meantime can anyone say if a 1983 will drawn up in England, and the trust deed it contains, will be valid here in Scotland, and will apply to my parents' present property? If so, I wonder if the terms could be changed, otherwise my stepfather will not be able to move house, or downsize, for instance, without losing his home.

Must add that I get on well with my stepfather and have his welfare at heart. But I have a brother who, if aware of the terms of the will, may wish to "claim his share" at the first opportunity.