I currently live in England and have a will, however I am planning on moving to Scotland, do I need to write another will?
Andrea Beesley-Hewitt of Hegarty Solicitors answers:
First of all you must consider where your assets are held. In basic terms land or buildings in Scotland will be dealt with under Scottish law. Land or buildings in England are dealt with under English law. However, your ‘moveable’ estate – that is cash, savings, possessions or investments – is dealt with in accordance with the law of your domicile.
Determining your domicile can be complex and our solicitors can advise you, if you are unsure of your domiciled status. You can be domiciled in England but still residing in Scotland.
Secondly, you must consider either reviewing or preparing a will. If you hold a valid English will it may still be valid in Scotland. A trust and probate solicitor will be able to determine whether your English will is valid. If you have moved to Scotland and still hold assets in England then you can prepare two separate wills to cover all of your possessions.
The preparation of two separate wills to cover your assets can be quite complex and professional advice should be taken. It will have to be made clear what would be distributed under which will and make sure that they do not inadvertently revoke each other.
For further help and advice please contact Andrea Beesley-Hewitt at Hegarty Solicitors on 01780 750 952 or email andrea.beesley-hewitt@hegarty.co.uk
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