England & Wales vs Scotland vs Northern Ireland: what actually differs?

In practice, the applicable system is usually linked to where the person was legally connected (often where they lived and intended to remain). The nation matters because intestacy and certain family rights can differ.

• If the person lived in England or Wales, England & Wales probate/intestacy rules often apply.
• If the person lived in Scotland, Scottish succession rules often apply (different terminology and rights).
• If the person lived in Northern Ireland, NI-specific probate/intestacy rules often apply.
• If the estate has assets across multiple nations (e.g., property in Scotland but resident elsewhere), administration may involve additional steps.

Tip: Start with where the person was living permanently at death, then check for cross-border assets (especially property).

The underlying function is the same: a document (or court authority) that proves who can collect assets, close accounts, sell/transfer property, and distribute the estate.

Across the UK, the executor (named in a will) or the administrator (if there is no will or no executor acting) is responsible for: valuing the estate, paying debts/taxes, and distributing what remains.

• The duty to pay debts/expenses/tax before distributing inheritance is consistent.
• The exact application route, forms and court body differ (especially Scotland).
• Where there are cross-border assets, you may need additional proof or a different process for certain institutions.

Intestacy is where the regional differences matter most. The broad idea is similar (an order of relatives who inherit), but the details and entitlements can differ.

If there is no will, use the dedicated “No will / intestacy” page for step-by-step guidance, then confirm the applicable nation.

The grounds and routes for challenging a will or making a claim can differ by nation. If you suspect a claim (dependants, estranged family, second marriages, complex finances), get advice early before money is distributed.

• Validity challenges exist UK-wide (capacity, undue influence, fraud, formalities), but procedure differs.
• Some claims focus on provision for dependants; the legal route and standards vary across nations.
• Scotland is particularly distinct in family entitlement concepts compared to E&W.

Joint assets may pass automatically to the survivor depending on how they are held. Property is where cross-border complexity often appears: title systems, court documents, and conveyancing processes can differ in practice.

• Joint bank accounts often pass to the surviving account holder (provider process still applies).
• Jointly-owned property can be held in different ways; what happens depends on the legal form.
• If the person lived in one nation but owned property in another, you may need additional documentation for that property transaction.
• Mortgage lenders and conveyancers may ask for specific authority documents based on the property location and title requirements.

• Different forms, portals, or court offices depending on nation.
• Different naming of the key authority document (especially Scotland).
• Different expectations from banks/insurers about what they will accept and when (some are strict even for small estates).
• Slightly different guidance language and checklists used by public bodies.

Even within one nation, organisations can have their own thresholds and policies (especially banks).

• No will + spouse/partner + children (and you’re unsure which nation’s rules apply)
• Any dispute, threat of contesting, or unclear entitlement
• Business interests, overseas assets, or multiple properties
• Insolvent estate (debts exceed assets) or unknown creditor risk
• Assets across different UK nations (especially property) creating multiple legal processes