Englis will proved in Scotland?

[chasbaz]

I have searched for the probate records in England without success.  The will is dates 1994 and I suspect it may have been proved in Scotland.  Does anyone know where such probate records are kept? Is it common for this to happen?
Many thanks

[RJ_Paton]

If 1994 it is possible ... if 1894 extremely unlikely.

In either case you would need to know the sheriffdom in which the person was living at the time of their death as the procedure would be dealt with through the Sheriff Court of that area.

[chasbaz]

Hi Falkyrn,

Many thanks for your reply.

Actually, the person lived and died in England, but had Scottish relatives.  The story is that he left everything to some Scottish nephew.  This included a great deal of genealogical data on our family, so I'm trying to track this nephew.  Since I didn't find probate in England it may be the nephew decided to have the will proved locally in Scotland. If so, would that be recorded where the nephew was living, or perhaps in a Scottish general registry?

Thanks for any advice,
Charles

[RJ_Paton]

In that case the scottish courts would not have become involved

[ibi]

In that case the Scottish courts would not have become involved

Agreed !!!  The estate of someone resident in England would need to undergo the English process of probate.

But then, if the estate included Scottish assets, then those would need to undergo the separate Scottish process of confirmation - the Scottish equivalent of the English process of probate, - for someone with a domicile outside Scotland, this would need to be done through the Edinburgh Sheriff Court Commissariot.

For an 1994 or later process, the documentation will still be held by the Edinburgh Sheriff Court (maybe now The Lothians Sheriff Court, - I'm not used to dealing with such up-to-date records  )

ibi

[chasbaz]

Many thanks for your answers!

So what we are saying is that the English assets (which is what I am interested in) would have to be proved in an English court.  I'll just have to try another probate search or some other way to see a copy of the will.

Cheers