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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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My son dIed in Hong Kong last year. Death certificate issued

Resolved Question:

My son dIed in Hong Kong last year. Death certificate issued by HK Coroner recently. His widow, who is a UK citizen, is now living in her home country of Lithuania. Before going to HK my son and his wife lived in his owned flat in Edinburgh and still owned the flat at the time of his death.
Including his time at university and employment in Edinburgh, the full period of his time in Scotland was approximately10 years. Prior to this his permanent home was my home in South Wales. We are UK citizens.
Could you please advise where, in which jurisdiction my daughter in law should apply for probate? Thank you for your help. Gary Pritchard
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
I am sorry for your loss.
Assuming that it is desirable to wind up the estate in Scotland because the flat is in Scotland, I take the view that it is perfectly competent to do so in Scotland. Not only that but if any other jurisdiction were to be used, it would potentially complicate any disposal of the flat, unless the title automatically transferred to his widow on his death.
The application for Confirmation, which is the Scottish term for probate, should be applied for at a Edinburgh sheriff court using the Edinburgh address as your son's address, the place of death being Hong Kong.
The reason this can be done is that where a person is domiciled is not necessary the same country in which they lived at the time of their death. By retaining property in Edinburgh the argument for domicile in Scotland is perfectly competent.
Lithuania and South Wales are not options. Hong Kong is but I anticipate that not to be what is wanted here.
I hope this helps.
Please leave a positive response so that I am credited for my time.
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