Property in Scotland and England. Do I need two Wills?

[cs174]

Hi all,

I'm finally getting round to sorting my Will out and I have a quick question. As I own a property in Scotland and England, do I need two Wills (one for each country)?

I think if Scotland becomes independent I will need a second Will but at the minute I'm working on the basis that Scotland will remain part of the UK.

Thanks in advance.

[Eric Mc]

Why would you need two wills?

Do all those people who own properties in Spain, France etc need more than one will?

I would suggest you don't but whatever will you DO have needs to take into account the differences in law between the various countries.

Don't forget, even now Scottish Law often differs appreciably from English Law (and has done for centuries).

[BlackLabel]

Eric Mc said:

Why would you need two wills?

Do all those people who own properties in Spain, France etc need more than one will?

A Scottish family member who is based in Scotland but has a property in America was advised by his Scottish solicitor who drew up his will to arrange another will in the States for their property there.

Obviously Scotland/USA is not totally comparable with Eng/Sco or perhaps even UK/EU but I'm sure there are quite a few scenarios where having seperate wills would make life easier.

[Skyedriver]

I believe it is advisable, we bought in Scotland back in 2004 and was advised to put a will together there. Now have a house back in England as well but haven't had a second one written (was quoted a massive figure by the Solicitor who did our house purchase in England whereas in Scotland it as in with the ptice).

[Eric Mc]

I wonder how many people who buy abroad follow this advice?

The separation of Scotland from the UK will (if it happens) cause all sorts of technical and economic issues regarding matters such as this.

[s2kjock]

I know someone who owns property in both legal jurisdictions and I doubt very much she has 2 separate wills. I don't think family law in this area is that different anyway. Tax certainly isn't yet. Tax may change regardless of the result of the referendum but you can't second guess what might change. If it was me I wouldn't worry.

[anonymous-user]

I agree with Eric, I have property in three countries and have one will, may be advisable in theory and I'm sure a solicitor could justify the fee for two or three wills, but not essential.

[Welshbeef]

I'd probably sell the one in. Scotland to eliminate the risk of Independance and property value decrease.

[Herminator]

I'd say it depends very much how your will is written.

There are some notable differences in what you can and can't do. In Scotland you can't totally write out your kids/grandkids from inheritance. They get a minimum percentage (excluding property)

[Welshbeef]

Herminator said:

I'd say it depends very much how your will is written.

There are some notable differences in what you can and can't do. In Scotland you can't totally write out your kids/grandkids from inheritance. They get a minimum percentage (excluding property)

Any idea what sort of ball park that value is?

[Irrotational]

BUT which law applies? the country you normally live in? the country the asset is in? or the country you ultimately die in? They can't all apply surely?

What if Will A says "give my US house to my nephew" and Will B says "give all my stuff to my daughter"...who's going to pay the legal fees to work out which one applies?