Rule 30 Grants where deceased died domiciled outside England and WalesI1
England and Wales
Subject to paragraph (3) below, where the deceased died domiciled outside England and Wales, F1a district judge or registrar may order that a grant, limited in such way as the district judge or registrar may direct, do issue to any of the following persons—
to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled; or
where there is no person so entrusted, to the person beneficially entitled to the estate by the law of the place where the deceased died domiciled or, if there is more than one person so entitled, to such of them as the F2district judge or registrar may direct; or
if in the opinion of the registrar the circumstances so require, to such person as the district judge or registrar may direct.
A grant made under paragraph (1)(a) or (b) above may be issued jointly with such person as the F3district judge or registrar may direct if the grant is required to be made to not less than two administrators.
Without any order made under paragraph (1) above—
probate of any will which is admissible to proof may be granted—
if the will is in the English or Welsh language, to the executor named therein; or
if the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, to that person; and
where the whole or substantially the whole of the estate in England and Wales consists of immovable property, a grant in respect of the whole estate may be made in accordance with the law which would have been applicable if the deceased had died domiciled in England and Wales.
Annotations
Textual amendments
- F1
Words in rule 30(1) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 10
- F2
Words in rule 30(1)(b)(c) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
- F3
Words in rule 30(2) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)