The Lemon Fool

I am a house owner resident in England and own a second property in Scotland. Can my will made under English law provide for disposal of both properties, or do I need a second will made under Scottish law for the Scottish property? With thanks for any advice,
Dyker

Dyker wrote:I am a house owner resident in England and own a second property in Scotland. Can my will made under English law provide for disposal of both properties, or do I need a second will made under Scottish law for the Scottish property? With thanks for any advice,
Dyker

You shouldn't need a second will. Your English will must meet some Scottish standards - so signed on each page if more than one ( but that's the only one I remember). I take it you are domiciled ( rather than merely resident ) in England?

genou wrote:

Dyker wrote:I am a house owner resident in England and own a second property in Scotland. Can my will made under English law provide for disposal of both properties, or do I need a second will made under Scottish law for the Scottish property? With thanks for any advice,
Dyker

Your English will must meet some Scottish standards - so signed on each page if more than one ( but that's the only one I remember).

No, it doesn't need to confirm to Scottish standards. Scottish law recognises the validity of an English Will provided it's correctly executed under English law.

Provided you're domiciled in England the property in Scotland will form part of your estate and be dealt with according to English law, so you don't need to make a separate Will in Scotland.

Clitheroekid wrote:

genou wrote:Your English will must meet some Scottish standards - so signed on each page if more than one ( but that's the only one I remember).

No, it doesn't need to confirm to Scottish standards. Scottish law recognises the validity of an English Will provided it's correctly executed under English law.

Provided you're domiciled in England the property in Scotland will form part of your estate and be dealt with according to English law, so you don't need to make a separate Will in Scotland.

I seem to recall that Scotland has a law that prevents people from completely disinheriting their children.

If an Englishman leaves his one asset - his Scottish castle - to his maid rather than to his (possibly Scottish) children, then could there not be a challenge under Scottish law against that English will? Even though that English will is perfectly valid under English law?

Lootman wrote:

Clitheroekid wrote:No, it doesn't need to confirm to Scottish standards. Scottish law recognises the validity of an English Will provided it's correctly executed under English law.

Provided you're domiciled in England the property in Scotland will form part of your estate and be dealt with according to English law, so you don't need to make a separate Will in Scotland.

I seem to recall that Scotland has a law that prevents people from completely disinheriting their children.

If an Englishman leaves his one asset - his Scottish castle - to his maid rather than to his (possibly Scottish) children, then could there not be a challenge under Scottish law against that English will? Even though that English will is perfectly valid under English law?

Legal rights only apply to moveable estate and a castle does not fall into that category so surviving Scottish children would have no claim whether they were otherwise entitled or not. Legal rights only apply to moveable property.

Dod

Lootman wrote:

Clitheroekid wrote:No, it doesn't need to confirm to Scottish standards. Scottish law recognises the validity of an English Will provided it's correctly executed under English law.

Provided you're domiciled in England the property in Scotland will form part of your estate and be dealt with according to English law, so you don't need to make a separate Will in Scotland.

I seem to recall that Scotland has a law that prevents people from completely disinheriting their children.

If an Englishman leaves his one asset - his Scottish castle - to his maid rather than to his (possibly Scottish) children, then could there not be a challenge under Scottish law against that English will? Even though that English will is perfectly valid under English law?

No, because if he's domiciled in England Scottish law doesn't apply to his estate.

However, his disinherited children could apply for a share of his estate under English law via the Inheritance (Provision for Family and Dependants) Act 1975.

Many thanks to those who replied. A single English will seems to be the way to go.
Dyker

Clitheroekid wrote:However, his disinherited children could apply for a share of his estate under English law via the Inheritance (Provision for Family and Dependants) Act 1975.

With the big difference being that under English law offspring only have a right to an inheritance if they are dependants.

Under Scottish law offspring have a right to a share even if they're not dependant on the deceased.

Scott.