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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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My mother has just passed away, she was resident in England.

Customer Question

My mother has just passed away, she was resident in England. However she has a scottish will which she wrote and lodged whilst she lived in Scotland. I am her executer ( and am also resident in england) Is completion (I think that's what probate in Scotland is called) going to be difficult? Her estate is less than £30k
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Confirmation is the term, not completion. If your mother was domiciled in England, the will should be probated in England, unless she made it clear that she did not intend to stay in a England all her remaining life. If that is the case then there are procedures whereby her will can be confirmed in Scotland, specifically in the commissary court at Edinburgh sheriff court.
I suggest, however, that you get the willl and probate it in England. There's no reason why that can't be done, if the will was executed properly.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 2 years ago.
Just one more thing. The will was written in 1985 when she was living in Scotland It has her Scottish address as her address and my former address in England . my mother moved to England in 2001 and I have moved too. is this a problem in regard to probate?
Expert:  JGM replied 2 years ago.
No, it shouldn't be, as your mother was domiciled in England at the time of ther death. The will remains her last will and testament even of executed in Scotland.