The following Private Client practice note provides comprehensive and up to date legal information covering:
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:
the Colonial Probates Acts 1892 and 1927 apply or
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.
The principal matters to be considered in cases of foreign domicile are:
evidence of the law of the deceased’s domicile
admissibility to proof in England and Wales of any Will left by the deceased
entitlement to an English grant
Evidence as to the law of the place of domicile may be necessary. In non-contentious probate matters, such evidence is given by affidavit, witness statement or notarial certificate or act as appropriate and available.
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:
it has been accepted by the country of domicile as a valid testamentary document or
it is executed in accordance with the law of the place of domicile of the
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