Saturday 2 November 2024

Navigating the Inheritance Maze: Your Guide to Probate, Will Disputes, and Estate Challenges

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Part 1: Are there significant differences south of the border?

Key Distinctions in Wills, Trusts, and Estates: England & Wales vs Scotland

Brodies Welcomes New Senior Associate to Personal & Family Team

Brodies, a leading law firm in England and Wales, has recently welcomed a new Senior Associate to their Personal & Family Team. Nadine Walton, a solicitor qualified exclusively in England & Wales, specializes in wills, trusts, and estate administration and planning.

In a series of articles, Nadine Walton explores key distinctions between wills, trusts, and estates for clients domiciled in England and Wales compared to those domiciled in Scotland. The first two articles on trusts and estates have already been published, with the third article focusing on wills.

Formal validity of wills differs between England & Wales and Scotland. In England & Wales, wills must be signed by the testator and witnessed by two independent witnesses, while in Scotland, only one witness is required.

Testamentary capacity requirements also vary between the two jurisdictions. In Scotland, the age of testamentary capacity is 12, while in England & Wales, it is generally 18.

The roles of executors and trustees also differ. In England & Wales, executors are appointed under the terms of the will, while in Scotland, they are called executors nominate or executors dative. Trustees of trusts arising under the will are commonly appointed in the same document.

The process of proving a will post-death also varies. In England & Wales, executors apply for a Grant of Probate from the Probate Registry, while in Scotland, they apply for confirmation from the Sheriff Court.

It is important to consider the domicile of the deceased when determining where to prove the will. Brodies, with solicitors qualified in both jurisdictions, can assist with cross-border matters.

The differences in legal rules between England & Wales and Scotland highlight the importance of seeking expert advice for estate planning. Brodies’ team of English and Scottish qualified solicitors are well-equipped to handle succession matters in each jurisdiction and those that may span both.

Nadine Walton’s expertise in wills, trusts, and estate planning makes her a valuable addition to Brodies’ Personal & Family Team. Clients with connections to both England & Wales and Scotland can benefit from Brodies’ unique position to provide comprehensive legal assistance in succession matters.

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