Answer
Yes, if the deceased died domiciled outside England and Wales, but left assets in England and Wales (unless the Colonial Probates Act 1892 applies, or the deceased was domiciled in Scotland or Northern Ireland), it will be necessary to obtain a grant in England and Wales: see Non-Contentious Probate Rules 1987 Rule 30. For further guidance see the Law Society's Probate Practitioner's Handbook, 6th Edition, this publication may be purchased from our online bookshop at www.lawsociety.org.uk/bookshop.
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While every effort has been made to ensure the accuracy of the information provided by the Practice Advice Service, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.