Estate administration—foreign assets and domiciles
Estate administration—foreign assets and domiciles

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

  • Estate administration—foreign assets and domiciles
  • English conflict of laws
  • Domicile
  • Domicile of origin
  • Domicile of choice
  • Statement of domicile in the application for probate or administration
  • Succession to the estate
  • The Hague Convention on Succession to Deceased Persons' Estates
  • The EU Succession Regulation (Brussels IV)
  • Formal validity
  • More...

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate registrars to allow s of truth to be used in place of affidavits for non-contentious probate applications and processes during the coronavirus pandemic. The relevant rules which are affected by the guidance are: Non-Contentious Probate Rules 1987, SI 1987/2024, rr 12(1), 16, 19, 25(2), 26, 32(2), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3) and 55(2). The guidance was due to expire on 30 July 2020, however it has been extended to 30 October 2020 due to the ‘continuing challenges facing courts and practitioners in making paper-based probate applications in the coronavirus pandemic’. It may be made permanent by statutory instrument in the future. See: LNB News 23/07/2020 55 and LNB News 17/04/2020 92. For updates on key developments and related practical guidance on the implications of coronavirus for practitioners, see: Coronavirus (COVID-19) and Private Client—overview and Coronavirus (COVID-19) toolkit.

English law distinguishes between the law governing the administration of a deceased's estate and that governing succession to the estate.

In most civil law jurisdictions no such distinction exists and the deceased's estate does not pass to personal representatives (PRs) but instead passes directly to the heirs who stand in the deceased's shoes and take over their liabilities subject to a power to

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