I would be grateful for any comments or assistance in this regard.
We are dealing with an estate whereby the deceased was domiciled in Spain. His Spanish Will only deals with his Spanish property. An application in Spain has been made for a ‘Last Will Certificate’ that outlines the deceased’s Will and is then going to be used by the Government/Land Registry to transfer the assets to the spouse. This appears to be a Spanish equivalent of a Grant albeit I am informed by the Spanish lawyer that there isn’t actually an equivalent process.
There is no Will in the UK but we need to apply for a Grant as we have UK assets.
Tristram and Cootes suggest (including Rule 30 NCPR 1987) that as the deceased was domiciled outside the UK a Grant will be issued to the ‘person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased was domiciled’. Or, ‘to the person beneficially entitled’.
My question is 'what documents do the Probate Registry require to process the Grant application in the UK?
Having spoken to the Court I have received contradictory information from needing to send; (a) notarised/sealed copies of any court documents issued in Spain and the Spanish Will, (b )only needing to send a sealed copy of the Will and © needing to apply for a pre-judgement order.
Does anyone have any experience of this type of application. Do I need the Last Will Certificate and Will notarising or would a sealed copy of the Will with our application for the UK Grant under the intestacy rules suffice?
Any comments would be appreciated.