Rule 30 NCPR 1987

Trusts Discussion
1

We have a client who died without a will in San Francisco. None of his children are residents so a local lawyer is acting as administrator. Client has been accepted as domiciled in SF by HMRC but had a sum of money held with Lloyds who are requiring a UK grant.

We applied on behalf of the beneficiary daughter but Probate registry cited rule 30(1)(a) and require us to apply for an order on behalf of the person having a right to administer the estate in SF. They are happy to do this but given the inability to speak to the probate registry I am having difficulty finding out the form of application and supporting documents required. Has anyone made an application of this time and can you point me in the direction of the documents required.

Paul Mounce
Gosschalks

2

If you have not seen it already, have a look at ch12 in Tristram and Coote’s, especially at 12.92 and 12.125. An official copy of the California grant should be sufficient to obtain the necessary order and you can send the completed “oath” to the registry at the same time. There is a precedent at form 172.

I expect you have considered an application under r30(1)(b) or © for the daughter to be appointed administrator with respect to the UK estate. For this you will require an affidavit of fact from her and an affidavit of Californian law from a local lawyer. See 12.101, 12.110 and forms 173, 174 and 10.

Tom Bradfield
New Quadrant Partners Ltd

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