Scottish Will executed in England

[Bazman76]

Hi there,

Is a Scottish Will executed in England with one witness invalid, the Granter is living in England but the Granter's only heritable property is in Scotland?

If that is the case would an English Will that has been signed on every page by the Granter be sufficient for them to be able to sell the heritable property in Scotland?

Thanks

Baz

[sederunt]

A will is executed by the testator.

If a person domiciled in England dies while owning heritage in Scotland, then a grant of probate issued in England would allow the executor to sell the heritable property.

The executor nomination can be by either: a valid will executed under Scottish rules, when the testator lived in Scotland, or a valid English Will executed when the person lived in England.

In the former case, if proving a Scottish will, I believe that the executor would require to obtain and produce to the registry office, a statement of the will’s validity by someone qualified in Scots Law.