K died intestate leaving her entire estate ( located in England and Wales) to her sister (V) domiciled in Florida.
V died 3 weeks later in Florida, intestate, divorced and without children, siblings or surviving parents.
V’s entire estate was the unadministered estate of K. V had no other assets in Florida or elsewhere.
My client was appointed as administrator under UK Grants to deal with the estates of both K and V.
K’s estate has been finalised and passed to V’s PR.
Although genealogists are satisfied that they have traced all persons entitled to the estate of V under the Florida intestacy rules, no UK insurer (that we have found) is prepared to offer a ‘comfort’ policy for missing beneficiary or missing Will in relation to the distribution of V’s because of the potential US liability the administrator is reluctant to take a risk and distribute without insurance. I understand that insurance is not available in the US either.
Would S.61 Trustee Act 1925 offer any comfort if the administrator chose to distribute? Would the court entertain an application by the administrator under CPR part 64.2 for direction as to the distribution of the estate? If so, does that fact that the estate is to be distributed in accordance with the Florida intestacy rules (albeit we have a UK Grant/administrator) mean that the UK courts have no jurisdiction?
Does anyone have any suggestions as to how to proceed from here or have experience of a similar situation? Any help would be greatly appreciated.