We have a deceased with a Scottish Will. She had been domiciled in England for 5 years and all her assets (cash only) are in this country.
What do we need to do to obtain probate?
Or is it easier for a Scottish lawyer to obtain confirmation?
Many thanks for any advice
Anne Duguid
LGP Solicitors
If domiciled in England and no estate in Scotland, it is difficult to see how Scottish Confirmation could be an option.
I have the same situation and have applied for a grant in England to prove the Scottish will and have included a statement of foreign law.
Thank you Gina, that is very helpful. Was the statement done by you as solicitor or executor? No affidavit required?
The affidavit of foreign law (precedent in Tristram) is now called a statement. It should be signed by a solicitor in Scotland which can confirm that the will is valid and is prepared in accordance with the laws and constitution of Scotland.
The whole issue of the resolution of conflict of laws and procedures within the United Kingdom is ever-present as is the derivatives of the House of Lords decision in Udny v Udny.
Thank you Gina, we now have a Scottish solicitor on board to provide a statement. Were you able to apply for probate online or does this require a paper application?