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English will Scottish domocile

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  • English will Scottish domocile

    Hi I am new to this forum but reading through there is some very useful advice. My father recently died whilst domiciled in Scotland and left an English will which he wrote whilst living in Scotland. My father since remarried in Scotland. Now in England marriage invalidates a will but not in Scotland the will remains valid. My question is would a will that is not considered valid in England still be valid in Scotland? Is a will proved valid at the point it was made for confirmation or is it the case that it became invalid at yhe point of marriage? We are using a solicitor but I think even he is confused! Anybody had any experience of this? My father has lived in Scotland for 18 years and never lived in England since before he made the will.

    The will being valid doesn't change things too much, I just believe it will be easier to distribute as an executer rather than an intestate estate.
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  • #2
    It may be difficult for members on this Forum to help you with the law in Scotland. However, I am rather surprised that you have a solicitor that does not know the answers or cannot find them. His profession surely has the means to obtain the information for the fees expected.

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    • #3
      Thanks for your reply. The Solicitor in Scotland will send the will to a Solicitor in England who will confirm it was executed correctly under English Law. He thinks it is valid however he will be seeking further clarification with other solicitor to be 100% sure it can be used for confirmation he says it is a very complicated estate. I've just been searching the Web and I just get more confused! I can't find any good Scottish Law forums.

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