Q&As

An individual died domiciled in England and Wales and a grant of probate was obtained in England, which included the value of a Scottish property in the gross and net values on the grant. Scottish confirmation is now being applied for to deal with the Scottish property. Is it possible (or appropriate) for the English grant of probate to be amended to include the revised estate values excluding the Scottish property?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 02 October 2019
imgtext

Following the Act of Settlement in 1701, Scotland retained its own legal system and jurisdiction. Scottish law, which includes enforced heirship provisions, therefore relates to the estates of persons who die domiciled in Scotland. The process of Probate in Scotland is known as confirmation and is broadly the same, though the procedure differs. It is possible for a person to have valid English and Scottish Wills, though a person who is domiciled in England and Wales is able to deal with property in the UK under one Will and there are reciprocal recognition provisions to enable a grant

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Domicile definition
What does Domicile mean?

Under English law a party is generally domiciled in the country in which they have made their permanent home. There are different types of domicile including a domicile of origin, domicile of choice and domicile of dependence. The court will look at a range of factors to determine domicile.

Popular documents