We work with clients wherever they are in the world. Our firm is not defined by its geographic location. As the leading law firm in our home jurisdiction, ranked in the UK Top 50, we are well-placed to advise clients living in Scotland with assets abroad and those living around the world with assets in Scotland.
One of the largest practices in Scotland looking after private individuals, we advise on all matters related to the international aspects of our clients' lives from wills and estate planning and considerations on death, to the breakdown of relationships, international child abduction and divorce.
Scots law on family matters and estate planning is unique and distinct from the rest of the UK, but it can still apply to individuals and families living abroad. Where there is a connection with a foreign country, taking professional advice at an early stage is key to simplifying the legal consequences in the event of death or divorce.
When multiple legal jurisdictions are involved in an estate or on divorce the question of domicile (the place a person calls "home") will be a key consideration. Amongst other matters, an individual's domicile will determine the tax and succession rules applicable on their death and it is of crucial importance. The question of domicile will determine whether the "forced heirship" provisions under Scots law will apply to an estate.
The concept of domicile is subjective and demands a thorough assessment of an individual's personal circumstances. Our lawyers have hands-on experience of advising clients on the issue of domicile, including in situations where an individual works abroad, retains a strong connection with the country of their nationality and owns assets in multiple jurisdictions.
Domicile can also be a key factor in determining whether Scotland is a place where a couple may divorce. Our family lawyers are well-versed in advising on pre-nuptial agreements and post-nuptial agreements for couples living together in another part of the UK, or abroad, with a connection to Scotland.
As a leading independent European law firm, we have strong connections with lawyers across the globe. We regularly work in partnership with other lawyers to find the best strategic outcome for our clients.
International Personal Matters key highlights
- Providing advice in French to French domiciled clients on granting Scottish powers of attorney.
- Advising a client domiciled in California on the use of a Scottish trust to control the tax efficient succession of a considerable interest in Scottish land.
- Representing a Belgian resident client in relation to Scottish forced heirship rules and trust interests, and advising on the interpretation of Scottish wills in the context of Spanish succession law.
- Advising a Scottish domicile individual in relation to their divorce while living in the UAE.
- Providing Scots law advice to a Scottish domicile individual entering a pre-nuptial agreement in the United States.
- Acting for an individual in matters concerning the relocation of their child to a European country.