Question: We are often asked “Do I need to make a new Will and Power of Attorney if I move to Scotland from England?”
Answer: It is advisable to have a new Will and Power of Attorney prepared if you move to Scotland and intend to make your permanent home here.
Although the main provisions of your English Will may not be changing, the process of administering an estate in Scotland is different from England. Confirmation to your estate may need to be applied for and the principal Will (or a formal registered extract of it) has to be submitted to the Sheriff Court with that application. At one time, if someone died in Scotland leaving an English Will it was relatively straightforward and inexpensive to obtain a letter from an English solicitor confirming that the Will was made in accordance with English Law. However, the Sheriff Court will no longer accept a solicitor’s letter to confirm validity and a formal Opinion is now required from an English solicitor to this effect. The principal Will also has to be signed by that solicitor. We have recently been quoted a fee of £400 plus VAT for that. There can also be additional work involved if one of the executors appointed in the Will does not wish to act and the English Will may preclude a new executor being appointed in their place.
Best advice is to ensure that you have an up to date and validly executed Will wherever you are currently domiciled. We will once again be participating in the Will Aid Appeal this year. This runs during the month of November and is a good time to update your existing Will and support well-known charities in their endeavours at the same time.
As far as Powers of Attorney are concerned, a non-Scottish Power of Attorney can be used in Scotland if the asset holder (e.g. a bank or other organisation) accepts its authority. There is no formal procedure for a non-Scottish Power of Attorney being endorsed for use in Scotland but the Office of the Pubic Guardian can provide a Certificate upon request confirming its validity in Scotland and which can be exhibited with the non-Scottish Power of Attorney which may assist the process.
Again, the best advice is to have a Power of Attorney prepared and registered in the jurisdiction where you are currently domiciled.
For further information or to discuss any of the above, contact our experienced legal team: 01721 720131, alternatively email us on This email address is being protected from spambots. You need JavaScript enabled to view it.
