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JGM, Solicitor
Category: Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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Scottish born testatrix dies resident (many years) in England

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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.
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 3 years ago.

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

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 other Law Specialists are ready to help you
Customer: replied 3 years ago.

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