Q&As

Where the deceased’s Will was made in Scotland but the deceased lived in England and died in England, should probate be obtained in England or Scotland?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert
Published on: 02 February 2017
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Practice Note: Jurisdiction in probate matters outlines that for probate purposes, the UK consists of three jurisdictions: England and Wales, Scotland and Northern Ireland.

By virtue of section 2 of the Wills Act 1861, a Will made (before 1 January 1964) in the UK by a British subject, wherever domiciled at the time of making the same or at the time of death, is held to be well executed as to personal estate if valid by the law of that part of the UK where it was made.

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Jurisdiction(s):
United Kingdom
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Key definition:
Probate definition
What does Probate mean?

The process of proving (ie establishing the validity of) a Will by the executor. Once the Will has been proved, the court will issue a grant of representation. The Scottish law equivalent is executry.

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