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Buachaill, Barrister
Category: Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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I have an elderly relative who lived in Cambridge until recently.

Customer Question

I have an elderly relative who lived in Cambridge until recently. She has an English will and an English last finance and property power. She is now in residential care near her sister in Scotland and a welfare power may become desirable. Should I apply for an English power given that she seems to be domiciled in England or for a Scottish power since she is resident there?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

1. You should apply for a Scottish welfare power as your elderly relative is resident there. Whilst it is unfortunate that there are two different regimes existing in one country, the practical effect here is that the power has to be obtained in Scotland as it is there that any action would be enforced in her name by the court. I appreciate that she may previously have made an English will. However, this is not determinative of the issue. Many people makes wills in one country and live in a different country. Similarly, the fact that a finance and property power existing in England is not necessarily determinative either. Ultimately, it is best to apply for a Scottish welfare power as that is where the decisions will have to be taken about her.