Husband (who is domiciled in India) died intestate in July 2017 leaving a property owned in his sole name in England . He was survived by his wife and 5 children .
His Wife (also domiciled in India ) died intestate in 2019 , before anything is done about administering Husband’s estate either in UK or in India.
We will need to apply for a grant of letters of administration for the Husband’s estate and as his estate in the UK consists only of property, we will not need to file evidence of law of domicile.
However, to do that we must first apply for Letters of Administration of the Wife’s estate so that her PR can apply for a Grant in relation to the Husband’s estate .
My feeling is that we will need to file evidence of Indian Law when applying for Wife’s grant as the law of domicile will apply to the administration of her estate, even though the only asset in England is the un-adminstered estate of her husband is real property. This is on the basis that the Wife’s interest in her Husband’s estate is her entitlement to the statutory legacy which is personalty not realty. This will cause additional expense to her estate as it will involve obtaining advice about Indian law.
Do others agree?