Making a will: domicile - Scotland or England?

Discussion in 'Finance, Property, Law' started by alibongo, Oct 13, 2006.

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  1. About to make a will, but have a question before I even get started. Husband and I are Scottish, but are currently posted in England. We also own a property in Scotland, which for tax purposes is our primary residence.

    Does anyone know if we are considered to be "domiciled" in Scotland or England. Not sure if being posted to England and having to be here due to work is different to chosing to reside here. Also, we don't fit the criteria of "choosing and intending to be here permanently".

    I have just bought a kit to write my own will, but if I can't even get this bit right, maybe I do need a solicitor after all!
  2. This is NOT legal advice, but in the circumstances described, if your intention is eventually to return to Scotland you are entitled to regard yourselves as of Scottish domicile.

    With your connection with both countries, your domicile is, in practice, a question of your personal choice as to where you intend to live eventually. The fact that the principal property is in Scotland would be a practical as well as a legal reason for making the will under Scots Law.

    Many lawyers will prepare a will for a fairly nominal fee - they want you as a client! Amnesty International, for example, have an annual Wills Week when volunteer firms will do your will for a set fee.

    That will be a hundred guineas - send my fee to BAFF! ;)