England property, Scottish Will - confirmation or probate

Trusts Discussion
1

I have a matter where the deceased died in Scotland, with a Scottish Will, but a property in England. Confirmation has been applied for. Client has been told they need a Grant of Probate here. Is this the case or is there a way of avoiding a full application - reseal? Apostilisation? What does the land registry accept?

2

Have a look at section 1 of the Administration of Estates Act 1971.

3

My understanding is that, provided the deceased died domiciled in Scotland, HM Land Registry should accept the Scottish Confirmation without the need for more – s.1 Administration of Estates Act 1971

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

4

Thanks very much both, I felt there was a simple answer, was just struggling to find it!