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Writing a will - England vs. Scotland/Wales/NI

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Writing a will - England vs. Scotland/Wales/NI

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Old Jan 15th 2011, 10:56 pm
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Default Writing a will - England vs. Scotland/Wales/NI

Does anyone know if the law regarding wills is different in England, Scotland, Wales, NI?

There was a really interesting TV series started this week on writing a will, and afterwards I discovered online that my current will (written up in the States) does not legally cover UK law and my UK property, and vice versa (at least it would if I had a UK will, which I don't - which is why I'm asking; I want to get one written up so the government gets as little as possible).

So, if I get run over by the proverbial #9 tomorrow, my property in the States (mostly limited to my pension fund and a small amount left in my US bank) would be sorted, but as far as the UK is concerned (where most of my property is now - house, bank accounts, etc.), I'd effectively be intestate (sounds painful).

Here's my question: There are so many things, legal and non-legal, that are different in Scotland (where I currently live) - education, real estate, various aspects of law, health care, for just a few examples. Does anyone know if there is anything special or different about writing a will in Scotland, compared to England? Does it matter where your property is? My bank account is based in an English bank branch, for example (don't ask me why), but my house is in Scotland.

Last edited by dunroving; Jan 15th 2011 at 10:59 pm.
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Old Jan 15th 2011, 11:35 pm
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Default Re: Writing a will - England vs. Scotland/Wales/NI

Originally Posted by dunroving
Does anyone know if the law regarding wills is different in England, Scotland, Wales, NI?

There was a really interesting TV series started this week on writing a will, and afterwards I discovered online that my current will (written up in the States) does not legally cover UK law and my UK property, and vice versa (at least it would if I had a UK will, which I don't - which is why I'm asking; I want to get one written up so the government gets as little as possible).

So, if I get run over by the proverbial #9 tomorrow, my property in the States (mostly limited to my pension fund and a small amount left in my US bank) would be sorted, but as far as the UK is concerned (where most of my property is now - house, bank accounts, etc.), I'd effectively be intestate (sounds painful).

Here's my question: There are so many things, legal and non-legal, that are different in Scotland (where I currently live) - education, real estate, various aspects of law, health care, for just a few examples. Does anyone know if there is anything special or different about writing a will in Scotland, compared to England? Does it matter where your property is? My bank account is based in an English bank branch, for example (don't ask me why), but my house is in Scotland.
Hmmm, interesting, just found this little tool that shows what happens if you die intestate:

http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm

- it is different in England/Wales vs. Scotland vs. NI (actually the result would be the same for me, as I have a relatively simple family structure, but for people with children, surving parents, grandparents, etc., the result would be different in each country).
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Old Jan 16th 2011, 6:07 am
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Default Re: Writing a will - England vs. Scotland/Wales/NI

Originally Posted by dunroving
Does anyone know if the law regarding wills is different in England, Scotland, Wales, NI?

There was a really interesting TV series started this week on writing a will, and afterwards I discovered online that my current will (written up in the States) does not legally cover UK law and my UK property, and vice versa (at least it would if I had a UK will, which I don't - which is why I'm asking; I want to get one written up so the government gets as little as possible).

So, if I get run over by the proverbial #9 tomorrow, my property in the States (mostly limited to my pension fund and a small amount left in my US bank) would be sorted, but as far as the UK is concerned (where most of my property is now - house, bank accounts, etc.), I'd effectively be intestate (sounds painful).
I am not sure about what you say. MOST jurisdictions have provision for an "out of jurisdiction" will to be admitted for probate. Although the process is usually slower and more awkward than one involving a local will.


Here's my question: There are so many things, legal and non-legal, that are different in Scotland (where I currently live) - education, real estate, various aspects of law, health care, for just a few examples. Does anyone know if there is anything special or different about writing a will in Scotland, compared to England? Does it matter where your property is? My bank account is based in an English bank branch, for example (don't ask me why), but my house is in Scotland.
Your questions would best be directed towards a Scottish solicitor. It is possible that a bank account domiciled in England would require a Scottish will to be admitted for probate in England, separate from the Scottish process.
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Old Jan 16th 2011, 7:46 pm
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Default Re: Writing a will - England vs. Scotland/Wales/NI

Originally Posted by dunroving
Does anyone know if the law regarding wills is different in England, Scotland, Wales, NI?
Maybe someone on this site/forum could help? http://www.scottishlaw.org.uk/cgi-bin/yabb2/YaBB.pl
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