Claim to foreign estate assets struck out to due to claimant lacking a grant of representation (the Ali Abdullah Ali Alesayi Will Establishment v Alesayi)

Article summary

Private Client analysis: A party bringing a claim for the benefit of an estate must be acting under a grant of representation issued in England and Wales. The claimant in this case was a Saudi entity representing a deceased person’s estate and the defendant was the deceased’s son, who was resident in England. The claimant sought estate assets to distribute under a Saudi Proof of Will; however, it was not named as executor of the Proof of Will, having been incorporated after the deceased’s death. As the claim was brought in a representative capacity English law applied to the question as to whether the claimant had standing. The claimant lacked an English grant of representation, so the claim was struck out as a nullity.