Understanding domicile

[Beenheresomanytimesbefore]

My aunt was born in Scotland, lived for at least the first 18 years of her life. Then moved to England, stayed in England for 35 ish years, before returning to Scotland after being widowed. She has been back there 2.5 years and is likely to pass away soon with failing health. For the purposes of a will I assume a Scottish one is correct? We have an appointment soon, I just want to make sure we’re not wasting time.

quote from Scottish authority " the place where an individual was habitually resident, at the time of death, shall in the absence of any contention to the contrary, be presumed to be their domicile".

So yes a Scottish will, (assuming that aunt has mental capacity)

Great thank you. She does have capacity, medically frail but not mentally so. I’ve gone down a Google rabbit hole with this being a term I’d never heard before, so thank you for clarifying.