Scottish Will and Probate

Dear Members

I would appreciate any assistance on the following:

The wife does not have capacity to make a new will unfortunately. She and her husband have a property and she own some land. All the property is in England but the existing wills were prepared in Scotland.

What is the procedure if she dies with regards to which jurisdiction. I believe that they are domiciled in England.



It sounds as though you would be obtaining a Grant of Probate only in England, for an English dom, relying on the Scottish Will. It’s a case of proving the Scottish Will therefore. I am not aware of any legislation that says Scottish Wills are valid in E&W (Scottish Grants are, under s1 Admin of Estates Act 1971), so you would need to be sure of its formal validity. The Wills Act 1963 may help with this, and you may need confirmation from a Scottish qualified adviser. For reference, my understanding is that Scottish Will formalities are contained in The Requirements of Writing (Scotland) Act 1995 - in writing and subscribed by the testator. (I am not Scottish qualified)