Disappointed beneficiaries said they had been told that the deceased would leave certain shares to them. He did not do so, and they said the will had incorrectly interpreted his instructions. The defendants denied that the English court had jurisdiction. If domiciled in England, moveables went as at the date of death. In French law, they went as at the date of execution of the will.
Held: The will was made in England by English solicitors and the deceased gave his address in England and explicitly asserted English domicile. He appointed and English solicitor one of his exectors, and specifically applied an English Act of Parliament. Though he had a French domicile of origin, he had abandoned that domicile. Under English law, the first defendant was entitled to the shares.
Judges:
Kitchin J
Citations:
[2007] EWHC 2266 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In re Allen’s Estate 1945
A will is to be interpreted in accordance with the law intended by the testator. In the absence of indications to the contrary, this is presumed to be the law of his domicile at the time when the will is made. . .
Cited – Re Philipson-Stow HL 1961
The section excluded from liability for estate duty property ‘passing on the death which is situate out of Great Britain if it is shown that the proper law regulating the devolution of the property situate, or the disposition under or by reason of . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – Re Levick ChD 1963
The proper law ‘regulating’ the disposition of movable property for the purposes of section 28(2) was the law of the testator’s domicile at the time of his death. Plowman J said that the term ‘regulate’ was concerned with the material or essential . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Jurisdiction
Updated: 05 July 2022; Ref: scu.259855