Application for Grant

Trusts Discussion
1

I have an estate with the following scenario:

  • lady born in Seychelles (and appears to have domicile of origin there)
  • moves to Kenya in mid 1950s
  • moves to UK in early 1960s and trains as nurse
  • moves to Zambia in 1970s and works there for a period - makes a Will in 1980 in Zambia
  • returns to UK in 1980s - becomes UK national - works and resides in UK for rest of her life - dies in 2016

The Will she made in Zambia has been signed by her with two witnesses also signing and has an attestation clause.

As the Will appears to comply with requirements of Wills Act 1837 and she was UK national at date of death, will the Probate Registry require anything else other than Oath when applying for Grant?

Samir Hussain
Gregsons

2

I suspect the registry would require confirmation that the execution of the will complies with s.1 Wills Act 1963:

“A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execution or of the testator’s death, he was domiciled or had his habitual residence, or in a state of which, at either of those times, he was a national.”

When administering the estate, it will be necessary to apply Zambian Law, rather than English Law, when considering questions of construction, etc.

Paul Saunders