Entitlement to a grant for a non-domiciled testator
Entitlement to a grant for a non-domiciled testator

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Entitlement to a grant for a non-domiciled testator
  • Deceased domiciled outside England and Wales
  • Matters for consideration
  • Domicile
  • Admissibility to proof
  • Court order not required
  • Court order required
  • Immovable property
  • Person entrusted by court of domicile
  • Letters of administration and domicile
  • more

Deceased domiciled outside England and Wales

A grant issued in England and Wales will be necessary to administer those assets if the deceased died domiciled outside this jurisdiction leaving assets in it, unless:

  1. the Colonial Probates Acts 1892 and 1927 apply or

  2. the deceased was domiciled in Scotland or Northern Ireland

Entitlement to the grant will be governed by rule 30 of the Non-Contentious Probate Rules 1987 (NCPR 1987).

To obtain a grant of probate an order under the NCPR 1987, r 30(1) may be required.

Matters for consideration

The principal matters to be considered in cases of foreign domicile are:

  1. evidence of the law of the deceased’s domicile

  2. admissibility to proof in England and Wales of any Will left by the deceased

  3. entitlement to an English grant

Domicile

Evidence as to the law of the place of domicile may be necessary. In non-contentious probate matters, such evidence is given by affidavit or notarial certificate or act as appropriate and available.

Admissibility to proof

Subject to certain exceptions, the general rule is that the Will of a person dying domiciled out of England and Wales is admissible to proof in this jurisdiction if:

  1. it has been accepted by the country of domicile as a valid testamentary document or

  2. it is executed in accordance with the law of