If I may be permitted to piggyback off Katherine’s query, I wonder what members think of a situation where a will was made in 2006 which dealt exclusively with French Property. deceased UK domiciled and resident. A will made by testator in 2007 explicitly revoked ALL former wills and testamentary dispositions.
Testator then made another will in 2015 which states " I declare that my will shall affect my property of every kind except that property which is situate in the USA and in France and I HEREBY REVOKE all former wills and testamentary dispositions made by me to the extent that and so far only as they affect my property of every kind wheresoever in the world except the USA and France and I FURTHER DECLARE that the proper law of this my will shall be the law of England and Wales.
Our reading of the situation is that the French will is revoked and we are dealing with an intestacy as far as the French Property is concerned. The lex situs is France and French Intestacy law should apply. One question that comes to mind is whether the declaration that the law governing ‘this will’ then extends to property which is outside of the scope of the will and acts as an election to have French intestate property dealt with according to the laws of England and Wales.
Would appreciate any members’ views.
Michael McCabe
Heath Square Private Client.