england-and-wales scotland wills
Is an English will valid if the testator dies while living in Scotland?
<p>If a testator makes a will while living in England, to what extent will it be valid if the testator&mdash;</p>

<ul>
<li>permanently moves to Scotland, and</li>
<li>subsequently dies there without making a further will?</li>
</ul>

<p>(<a href="https://law.stackexchange.com/users/176/christian-conkle"><em>I am not your lawyer. I am not here to help you.</em></a> If you are reading this because someone has died, please <em>stop</em> and instead read the <a href="https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased&#39;s-estate-in-scotland" rel="nofollow noreferrer">Scottish Courts and Tribunals guide to dealing with a deceased's estate in Scotland</a>, or contact a solicitor.)</p>

<p>Yes, in general. Section 1 of the <a href="http://www.legislation.gov.uk/ukpga/1963/44/contents" rel="nofollow noreferrer">Wills Act 1963</a>, which is in force in Scotland, specifies that "[a] will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed." Furthermore, <a href="http://www.legislation.gov.uk/ukpga/1963/44/section/4" rel="nofollow noreferrer">Section 4</a> states that "[t]he construction of a will shall not be altered by reason of any change in the testator’s domicile after the execution of the will." "Construction" here refers to interpreting the language and effect of the will.</p>

<p>So if the will was validly executed in England, it should also be in force in Scotland, and a Scottish court will give it the same meaning it would have had under English law.</p>

<p>Furthermore, the same rule of validity seems to apply in both England and Scotland: <a href="http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/9" rel="nofollow noreferrer">Wills Act 1837 section 9</a>.</p>

<p>There may be other Scottish laws affecting the disposition of the estate that differ from English law. Relevant statutes include <a href="http://www.legislation.gov.uk/ukpga/1964/41/section/21A" rel="nofollow noreferrer">Succession (Scotland) Act 1964, section 21A</a>, which seems consistent with Wills Act 1963. </p>

<p>(I am trained in U.S. rather than English or Scottish law; I'm trusting the accuracy of the UK's excellent online legislation archive for the proposition that the statutes cited are in force in Scotland. I haven't checked the case law for contrary interpretations.)</p>
