Having come across clients who have lived in both Scotland and England, they find it sometimes difficult to gauge whether they require a Scottish or an English will.
First of all, you must consider where your assets are held. In basic terms land or buildings in Scotland will be dealt with under Scottish law. Land or buildings in England are dealt with under English law. However, your ‘moveable’ estate – that is cash, savings, possessions or investments – is dealt with in accordance with the law of your domicile.
Determining your domicile can be complex and our solicitors can advise you if you are unsure of your domiciled status. You can be domiciled in England but still residing in Scotland.
Secondly, you must consider either reviewing or preparing a Will. If you hold a valid English Will it may still be valid in Scotland. A Trust and Probate Solicitor will be able to determine whether your English Will is valid. If you have moved to Scotland and still hold assets in England then you can prepare two separate Wills to cover all of your possessions.
The preparation of two separate Wills to cover your assets can be quite complex and professional advice should be taken. It will have to be made clear what would be distributed under which Will and make sure that they do not inadvertently revoke each other.
Wills are often quite complex matters and therefore if you have any queries or concerns it is better to discuss your matter with a qualified Solicitor. If you are considering moving to a different country or if your circumstances change in any regard, it is always best to take advice.