Hi,
Is a Will drafted in Scotland but executed in England with one signature invalid if the person did not live in Scotland and had no assets there?
Any advice would be greatly appreciated
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This is similar to a recent post.
English law regarding formal validity is contained in s9 Wills Act 1837 and in the Wills Act 1963. This situation does not meet the formalities in s9 WA 1837. However the Will may still be valid under the 1963 Act - it will depend on the status of the testator at the time of death or at the time of making the Will. Do take a look at section 1.
I am no Scottish lawyer, but I understand that under Scots law a Will may be valid if signed be the testator alone. You may need to take Scots law advice.
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What evidence is there that the Will was executed in England?
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