Probate: Can I swear an oath for English probate with a Scottish solicitor?

gterr · 6 January 2018 at 9:51PM

Hi there,

I am applying for probate as next of kin to someone who died domiciled in England. I live in Scotland. When it comes to swearing the oath, I know there is an option to swear before a solicitor rather than visiting a probate office. Would a Scottish solicitor be OK for this? If not, I'll have a very long drive for a 5 minute 'ceremony'!

Thanks for your time.

Tom99 · 7 January 2018 at 2:59AM

I would think so. Ring your local solicitor and ask.

Margot123 · 7 January 2018 at 9:13AM

Scottish Law is different to English and Welsh Law. You may have to swear a different oath as the court will be different.

A quick call to the Probate Office will help to clarify the situation for you.

Margot123 · 7 January 2018 at 9:15AM

The post by ljhhuk from 2012 may be of help BUT please do clarify the situation with the Probate Office: https://forums.moneysavingexpert.com/discussion/4158985

Cripes · 7 January 2018 at 6:34PM

I've done this twice and there was no problem with a Scottish solicitor. The first time I paid £30 for the service, the other time, at a different solicitor, I was asked to consider a donation of my choice to the RNLI.

gterr · 7 January 2018 at 6:46PM

Thanks, Everyone!

Probate: Can I swear an oath for English probate with a Scottish solicitor?

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