How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11567
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

Scottish born testatrix dies resident (many years) in England

Customer Question

Scottish born testatrix dies resident (many years) in England with English Will. Surviving spouse but no issue. Marriage was post January 1974. If she is still of Scottish Domicile, would Jus Relicti apply to her moveable estate?
At present the terms of her will are unknown. No reason to expect problems re terms and spouse, but just curious.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
All depends on what the will says about domicile and if the will is silent, what the facts and circumstances point to as regards domicile.
However, if it is the case that she is domiciled in Scotland, and it is decided to confirm the estate in Scotland, then the law of Scotland would apply and ius relicti would apply.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you. What if probate is applied for in England and there is no estate in Scotland that would require any resealing?

Expert:  JGM replied 2 years ago.
If there is no estate in Scotland, the estate could competently be dealt with in England. However, as a Scots lawyer I can't advise on the technical issues of English probate law.
JGM and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. No more questions at the moment. By the by, the charging system here is not at all clear. I don't know if I've signed up for a subscription or just a one-off payment or what.

Re the tip, I thought you would get a portion of whatever I paid.

I've willingly paid the £38 and don't want a continuing subscription,

Cheers, ***** ***** again.

Expert:  JGM replied 2 years ago.
Thank you. Experts are not involved in the system but I'll ask customer services to reply to you.