Is an English will valid if the testator dies while living in Scotland? If a testator makes a will while living in England, to what extent will it be valid if the testator&mdash; permanently moves to Scotland, and subsequently dies there without making a further will?
(I am not your lawyer. I am not here to help you. If you are reading this because someone has died, please stop and instead read the Scottish Courts and Tribunals guide to dealing with a deceased's estate in Scotland, or contact a solicitor.) Yes, in general. Section 1 of the Wills Act 1963, 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, Section 4 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. 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. Furthermore, the same rule of validity seems to apply in both England and Scotland: Wills Act 1837 section 9. There may be other Scottish laws affecting the disposition of the estate that differ from English law. Relevant statutes include Succession (Scotland) Act 1964, section 21A, which seems consistent with Wills Act 1963. (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.)
What Do England And Wales Share Legally? Why are they so closely associated with each other as to have just one tag on the site, but Northern Ireland and Scotland each seem to be their own worlds? Most laws of general applicability, such as criminal law, and private law (i.e. the law governing the interactions of private parties like property law, contract law, landlord-tenant law, employment law, etc.) are enacted by the National Parliament at Westminster (or effective as part of a shared English common law of case precedents) and shared by England and Wales which have a uniform integrated court system. In contrast, Scotland and Northern Ireland have greater autonomy to enact laws of general application because more authority has been devolved to those regional governments than to the National Assembly of Wales. They also have their own court systems. Historic Causes Wales was basically fully integrated into England starting in the 1200s and subsequently restored some autonomy. Scotland never lost its high level of autonomy and was initially joined to England only by virtue of having the same monarch, rather than being the same country. The United Kingdom was formed first by the personal union of monarchs from 1603 (under King James VI of Scotland a.k.a. King James I of England) followed by a federal style merger of governments approved by the Scottish and English parliaments in 1706-1707, rather than by conquest and it has much more government autonomy in generally applicable legislation and its judicial system than Wales does, and more than Ireland had when it was ruled by England. On the other hand, Scottish sentiment towards independence was not exactly unanimous in support of staying with the U.K. in the last referendum in 2014 when 44.7% of votes cast were for independence with 84.6% voter turnout (including voters as young as age 16). Northern Ireland's story is a bit more complicated as Ireland had a legal status similar to Wales from a similar medieval era, but this was complicated by the Irish independence struggle ultimately leading to the creation of the Republic of Ireland and Northern Ireland. The fine line and complexity of the situation in Northern Ireland is illustrated by this map, and strong autonomy was necessary to allow it to maintain the fragile Protestant-Roman Catholic balance in a divided society there: Each of the components of the United Kingdom has a separate and historically determined status that is not exactly parallel to any of the others. England has no national assembly of its own, sufficing to use the national parliament for its laws despite the fact that some seats in that parliament that govern it are selected in Wales, Scotland and Northern Ireland. Likewise, before the U.S. gained independence, different parts of the U.S. had distinct relationships to the U.K., as did the various colonial possessions of the U.K. (e.g. India, Australia, Canada, New Zealand, Kenya, Tanzania, Hong Kong). The U.K. is an exemplary example of the philosophy that consistency is the hobgoblin of small minds. To pluck out just one more random example of the English tendency, &quot;Scotland Yard&quot;, the national police force headquarters in the City of Westminster within the City of Greater London in England, has jurisdiction over England and Wales, but not over Scotland. Legal Distinctions Between England And Wales To provide a few other examples in addition to the example of language related laws noted by @WeatherVane (noted on my recent visit to England and Wales) and to embellish on that point a little further, the Welsh language is resurgent in Wales where it is a mandatory subject in public schools (often in the North with Welsh as the primary language of instruction) with about 30% of the population (more than 800,000 people) who either speak it as a first language (which is common among the very old and among young people in Northern Wales) by people who are mostly bilingual with English (but may reach for an English word or two now and then) or as a fluent second language. The Anglican Church is the established church in England, but not in Wales where it was disestablished in 1916. The legal implications of this are subtle, but not non-existent. Government agencies are not required to hoist the British flag with primacy over the Welsh flag, and indeed, the British flag is rarely seen there. Primary and secondary education are administered separately in England and Wales with attendant laws on issues like truancy, dress codes, financial arrangements, testing, and certain holidays. This distinction primarily exists to facilitate Welsh language instruction, which is the primary language of instruction in some schools, and a secondary language in others. More generally, the manner in which many government services (e.g. public housing) is administered, and in which tax dollars are expended is not precisely the same between England and Wales. Certain laws regulating immigrants (related to immigrant financial security and leases to immigrants, more or less) differ between England and Wales, although this is a temporary matter and the long term plan is for these laws to be integrated across the United Kingdom. The Welsh Senedd (a.k.a. National Assembly for Wales, i.e. the regional parliament) has some independent legislative power, although honestly, the scope of its legislation is typically closer to what you might see in a U.S. home rule city or a school board, than in a U.S. state government. In particular: The 20 areas of responsibility devolved to the National Assembly for Wales (and within which Welsh ministers exercise executive functions) are: Agriculture, fisheries, forestry and rural development Ancient monuments and historical buildings Culture Economic development Education and training Environment Fire and rescue services and promotion of fire safety Food Health and social services Highways and transport Housing Local government National Assembly for Wales Public administration Social welfare Sport and recreation Tourism Town and country planning Water and flood defences Welsh language I suspect, but do not know, that land use regulation and occupational and business licensing in Wales is less favorable to big businesses and franchises, based upon the fact that such businesses are far more common in England than in Wales, even controlling for places that are similar in population density. But this could be due to historic or economic factors.
A child is not property, therefore a (deceased) parent cannot transfer ownership. In case the sole custodial parent dies, the court will appoint a guardian for a minor child, and will take into consideration the wishes of the deceased parent, however their primary duty is to protect the interest of the child. It follows from this that objections to nomination of Smith as guardian are more easily sustained, since the requirements for being a guardian (e.g. in Washington) are stricter than the requirements for receiving $100,000. RCW 11.130.090 excludes any guardian who has been &quot;convicted of a crime involving dishonesty, neglect, or use of physical force or other crime relevant to the functions the individual would assume as guardian&quot;, but such a person is not barred from inheriting property. There are limited formal grounds for contesting a will: testator mentally incompetence, formal failure of the document, (the laws surrounding signatures and witnesses), no clear indication that the document is intended to be a will, forgery or fraud, undue influence (such as a gun to the head), or mistake (for example, mistakenly believing that their child was dead therefore leaving it all to a neighbor). So it is possible, but not so easy, to contest a will. Organ donation takes place under separate laws: you can't wait for the probate process to get finished in three months before donating organs.
The dichotomy between solicitors and barristers in the UK isn't one based on verbal definitions in the English language. In other words, the fact that barristers argue and solicitors don't isn't something that's inherent to the words, it's just how British law decided to divide it. Since those countries with solicitor generals don't have this dichotomy, they generally don't have anything actually called a barrister, and there's no reason why the solicitor general couldn't be called that, since solicitor doesn't require that he not argue in court.
No. As long as it is owned by him he is free to do as he likes. The wife / children do not have any claims as it is ancestral property and they can have a claim only after his demise. Until then, he is free to do as he likes legally.
Conditions stated in a will should be objectively verifiable, to avoid later ligation of the "yes he is / no he isn't" type. In this case, it would appear that your concern is over the beneficiary not actually being competent to take care of themselves. The courts often have to make that judgment, when a party seeks conservatorship over an adult. So it seems that the situation you are addressing can be summarized by saying "has not been found legally incompetent". You should discuss with your attorney what the exact wording ought to be, and also whether that describes your actual intents. For example, the description of disqualification probably should not include execution of a temporary power of attorney for a specific purpose, nor would it include a DNR order. Hiring an attorney who knows the terminology would steer clear of vague or mistaken terms.
Maybe I'm reading Walsh wrong, but it seems to me to be saying that Stout might apply in some cases, but it doesn't in that specific case. I think you are indeed reading it wrong. In the Walsh case, the court says: We have not had occasion to decide the question up to this time, but now that it is presented, we not only reiterate the doubt which we expressed in the McAlpin case (supra), but we think that the question of the defendant's negligence was erroneously submitted to the jury in the Stout case, and that we ought not to follow it as a precedent. It's clearly repudiating Stout here, and not just as it applies to that case. It literally says they think it should not be followed as precedent.
Powers of Attorney die with the principal Once the subject dies, they are null and void. For a person who dies intestate, the next of kin can apply to the court for an Administrator (not an Executor) to be appointed. This may be a person all the beneficiaries agree on or it may be a government public trustee.