New clients with main homes in Scotland but second homes and businesses (and majority of wealth) in England.
The issue of domicile is exam-worthy in both cases but probably English domicile of origin at present (both have some Scottish ancestry).
I only know enough about Scottish law to know that it is often different to English law in delightful and unexpected ways.
Would anybody be able to steer me in the right direction with any of the following (in the absence of any Scots, guesses from the English are also welcomed):
- Would an English grant of probate be accepted by the Scottish Land Registry without resealing?
- Would a will creating an English law trust over Scottish land be valid (the land being part of residue) - this could be IinP or discretionary?
- In the event one was (or became) domiciled in Scotland, would a legacy leaving the entire residue to a spouse remain valid despite the forced heirship rights of the children (i.e. is the legacy void or voidable)? Their most valuable possessions are currently movables in the form of shares.
Many thanks in advance.
Osborne Clarke LLP