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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10263
Experience:  30 years as a practising solicitor.
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Within the confirmation it states the deceased domicile as

Resolved Question:

within the confirmation it states the deceased domicile as england, london since the validity of the testamentary writing falls to be determined not by scots law, but by the law of the domicile, before confirmation can be granted . evidence as of the vc\alidity of the testamentary writing under the laws of the deceased domicile must be produced. such evidence is normally in the form of an opinion by a suitably qualified person. you may wish to consider seeking legal advice in regards ***** ***** application. i received same from sheriff court. whilst the deceased lived in england with daughter he wrote his will in edinburgh, scotland in the 90's. as executor in scotland i understood if the will was written in scotland although he was domiciled in england at time of death it would come under scottish law. apparently not. can you clarify by way of an opinion the validity of will in england. thank you
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: that is the exact wording from sheriff court which is self explanatory. what details do you require?
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

The will would have to be examined by an English solicitor to confirm whether it is valid under the law of England. If the deceased wasn't domiciled in Scotland then you can't apply for Confirmation in Scotland irrespective of where the will was made.

Customer: replied 4 months ago.
i mistakenly put on form the deceased was domiciled in england but have corrected the form for domicile to edinburgh, scotland as he was residing in england at time of death. as the will was written in scotland and his domicile was scotland i take it it would now come under scots law and hence the Will will not need to be verified by english solicitor. please confirm that i am correct in my understanding so i can proceed to get confirmation. could i have answer asap. unfortunately, last time it took 8 hours to get your reply so i had to go elsewhere (same answer as yours). i had taken out free trial but following day paypal informed me payment had been taken which surprised me! have been ll and unable to get back to you. please respond today, asap, so i can rate you. thank you very much.
Expert:  JGM replied 4 months ago.

That is correct. There would be no need for verification in England if the deceased died domiciled in Scotland.

Customer: replied 4 months ago.
thanks for quick response. just wondering, in these circumstances, is there any time limit on how long one can reside in england i.e. and die in england in relation to domicile in scotland if that makes sense to you!
Expert:  JGM replied 4 months ago.

No, it's not time based. Time is a factor but if the person considers that he is domiciled in Scotland and that one day would return there then that would be sufficient.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10263
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 months ago.
great....thanks again. sending you stars:):):)

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