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wills
could any legal eagle out there tell me if a will made while living in england is still valid if you move to scotland, thankyou for any help
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From googling:
The Law in Scotland is different to English Law. So although most of what is said in the main guide applies to Scotland, there are six important differences under Scottish Law:
1. The rules of intestate succession (what happens if you die without leaving a Will) are different. It is likely that your surviving partner may not end up with the whole of your estate.
2. Widowed spouses, children and other descendants have "legal rights" - a fixed share of your moveable property (i.e. anything other than land) which they are entitled to claim, whatever your Will says.
3. In Scotland, anyone over the age of 12 can make a Will.
4. Your old Will is not invalidated if you get married, legally sparated or divorced.
So if your marital situation changes in any of these ways, you should review your Will as soon as you possibly can.
5. Your Will may be invalidated if you have a child after signing the Will and have not dealt with this possibility in the Will.
6. If you live in Scotland or have a Will made in Scottish form, you should seek advice on the right Clauses to use in your Will or Codocil. Your solicitor will make sure that the Will is legally correct and that your wishes can be carried out.
The Law in Scotland is different to English Law. So although most of what is said in the main guide applies to Scotland, there are six important differences under Scottish Law:
1. The rules of intestate succession (what happens if you die without leaving a Will) are different. It is likely that your surviving partner may not end up with the whole of your estate.
2. Widowed spouses, children and other descendants have "legal rights" - a fixed share of your moveable property (i.e. anything other than land) which they are entitled to claim, whatever your Will says.
3. In Scotland, anyone over the age of 12 can make a Will.
4. Your old Will is not invalidated if you get married, legally sparated or divorced.
So if your marital situation changes in any of these ways, you should review your Will as soon as you possibly can.
5. Your Will may be invalidated if you have a child after signing the Will and have not dealt with this possibility in the Will.
6. If you live in Scotland or have a Will made in Scottish form, you should seek advice on the right Clauses to use in your Will or Codocil. Your solicitor will make sure that the Will is legally correct and that your wishes can be carried out.
It is not obligitary to register a will, it may be stored in fire box with solicitor and still be valid, best to register and be public record though if you intend moving about the country. I used to work in Chancery and registered many wills; in a persons lifetime codicils can be added to alter the terms and to change/ remove beneficiaries up to death, these were also recorded as a public document
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