In answering this Q&A, we have limited our research to cover only the steps required to administer the assets in question. We have not considered any tax issues that may arise in the circumstances described. Nor have we considered whether the EU Succession Regulation (650/2012) (Brussels IV) may be applicable. French domiciled person 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 Act 1892 (CPA 1892) and 1927 apply or CPA 1892 and the Colonial Probates (Protected States and Mandated Territories) Act 1927 • the deceased was domiciled in Scotland or Northern Ireland We

A non-molestation order is an order prohibiting the respondent from molesting the applicant and/or a relevant child. The applicant must be a person who is ‘associated’ with the respondent pursuant to section 62 of the Family Law Act 1996 (FLA 1996). An occupation order regulates the respondent’s occupation of a property, and the court has the power to make such an order under FLA 1996, ss 33, 35–38. These particular sections clarify the type of applicant and respondent to which they relate. An application for a non-molestation order and occupation order is made using form FL401, supported by a witness statement. If the application for an occupation order is made pursuant to FLA 1996, ss 33, 35 or 36, any mortgagee or landlord

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Fundamental changes were made to the Family Procedure Rules 2010 (FPR 2010, SI 2010/2955, including a completely new Pt 7 (FPR 2010, SI 2010/2955, 7.1) (Procedure for applications in matrimonial and civil partnership proceedings) and changes to Pt 6 (FPR 2010, SI 2010/2955, 6.1) as to service of applications for matrimonial and civil partnership orders. These changes only apply to cases that were issued on or after 6 April 2022. See Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. In relation to proceedings that were issued prior to 6 April 2022 the original FPR 2010, SI 2010/2955, Pt 6 and Pt 7 still apply. Therefore it is important to refer to the rules and Practice Notes that apply depending on when the application was issued. Where, in divorce proceedings, the respondent has not filed the acknowledgment of service, then it falls upon

What power does the court have to delay pronouncement of decree absolute? The statutory powers under which the court may delay pronouncement of decree absolute are as follows: • where the petition is based on two or five year’s separation, section 10 of the Matrimonial Causes Act 1973 (MCA 1973) allows for a delay to decree absolute to consider the respondent’s financial position after divorce • where parties were married in accordance with the usages of the Jews, or any other prescribed religious usage, and they must co-operate if the marriage is to be dissolved in accordance with those usages, under MCA 1973, s 10A, the court may make an order that a decree nisi is not to be made absolute until both parties have declared that they have taken such steps as are required to dissolve

Under Schedule 7, Part II, paragraph 7(2) to the Family Law Act 1996 (FLA 1996, Sch 7, Pt II, para 7(2)) if one spouse is entitled, either in their own right or jointly with the other spouse, to occupy a dwelling house by virtue of a relevant tenancy, the court may make a transfer of tenancy order on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute). The power to transfer the tenancy to a former spouse arises on decree nisi and the order becomes effective on decree absolute. If, however, either spouse remarries that spouse will not be entitled to apply for a transfer of tenancy order (FLA 1996, Sch 7, Pt III, para

If cohabitants cease to cohabit and one cohabitant is entitled to occupy the dwelling house, either in their own right or jointly with the other cohabitant, by virtue of a tenancy, the court may make an order transferring the tenancy from one of them to the other under the Family Law Act 1996 (FLA 1996). The circumstances in which such an order may be made are limited to a property that was a home in which the

An award can be challenged or appealed under the Arbitration Act 1996 (AA 1996) only on limited grounds. The grounds for challenging/appealing a decision under AA 1996, ss 68 and 69 are: • on grounds of serious irregularity that has caused or will cause substantial injustice to the applicant (AA 1996, s 68) • an appeal on a point of law (AA 1996, s 69) For more information, see Practice Note: AA 1996—challenging and appealing arbitral awards in the English court. Procedure When bringing an application to challenge or appeal a decision, consider the time limits in which such an application can be made. The time limit in which an application can be made is 28 days, which runs from either the date of the award or the date the parties are notified of the result of ‘any arbitral process of appeal or review’. An

Leapfrog appeals Authority The Master of the Rolls has a separate statutory power under section 57 of the Access to Justice Act 1999 to direct that an appeal, which would otherwise be heard by the County Court or the High Court, be heard instead by the Court of Appeal (see the parenthesis in CPR 52.23(1)). The CPR provides that, where an appeal which is to be heard by the County Court would raise an important point of principle or practice or there is some other compelling reason for the Court of Appeal to hear it, the County Court may order the appeal to be transferred to the Court of Appeal. This is often referred to as 'leap-frogging'. Note: The exceptional power created by CPR 52.23 (formerly rule 52.14) should be sparingly used and in any case of doubt the matter should be referred to the Master of the Rolls for consideration. For further information, see Starting an appeal—destination

Leapfrog appeals Authority The Master of the Rolls has a separate statutory power under section 57 of the Access to Justice Act 1999 to direct that an appeal, which would otherwise be heard by the County Court or the High Court, be heard instead by the Court of Appeal (see the parenthesis in CPR 52.23(1)). The CPR provides that, where an appeal which is to be heard by the County Court would raise an important point of principle or practice or there is some other compelling reason for the Court of Appeal to hear it, the County Court may order the appeal to be transferred to the Court of Appeal. This is often referred to as 'leap-frogging'. Note: The exceptional power created by CPR 52.23 (formerly rule 52.14) should be sparingly used and in any case of doubt the matter should be referred to the Master of the Rolls for consideration. For further information, see Where to start an

Where the deceased’s estate is solvent, section 113 of the Senior Courts Act 1981 provides that the court may grant probate or administration in respect of any part of the estate, limited in any way the court thinks fit. There are a number of different types of limited grant, including grants of administration to attorneys, grants for the use and benefit of a minor, grants ad colligenda bona and grants pending suit (pendente lite). Limited grants, other than those to attorneys or for the use and benefit of a minor, are usually applied for when: • there is an urgent need to administer a particular asset, or • there are legal proceedings where a claim has been

The owner of the goods may consider bringing a claim for wrongful interference under the Torts (Interference with Goods) Act 1977 (T(IG)A 1977). The T(IG)A 1977 defines several different forms of ‘wrongful interference’ including conversion. Conversion occurs when one person deals with goods which another person possesses or has the right to immediately possess, in a way which is inconsistent with that person’s rights. It can be committed in a number of ways, including where the person in possession of the goods refuses to return them upon request. T(IG)A 1977, s 3(2) provides that in proceedings

Non-disclosure order The general rule is that a hearing is to be in public: CPR 39.2(1). However, the court may order that the identity of any party must not be disclosed if it considers non-disclosure necessary in order to protect the interests of that party: CPR 39.2(4). A party can seek such a non-disclosure order at any time during proceedings, including pre-trial, by filing an application notice with supporting evidence giving reasons why non-disclosure in necessary. The following templates available on Library may be useful for this purpose: • Application notice for order that the identity of a party not be disclosed: Atkin’s Court Forms (29(2)), [24] • Witness statement in support of application for an order that the identity of a party not be disclosed: Atkin’s Court Forms (29(2)), [25 The drafting notes to those templates contain guidance on what to include