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Probate: grant for foreign-domiciled individual

Question

I have just received instructions from the widow of a former client to obtain a grant of probate. The deceased had assets in this country but had been domiciled abroad for many years. Will it be necessary for me to obtain a grant in England?

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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