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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 02/10/2019

The following Private Client Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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?

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

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