If an estate contains assets overseas, what advertisements if any should be placed overseas? s.27 refers to the placing of ‘other like notices, including notices elsewhere than in England and Wales, as would, in any special case, have been directed by a court of competent jurisdiction in an action for administration.’ It seems to be so ambiguous that one can never be sure if one has obtained the protection.
Is the placing of foreign notices necessary for both movable and immoveable foreign assets? My thoughts are that the placing of notices for immoveable foreign property is not necessary as succession to immoveable foreign assets will be under the foreign law. My thoughts are also that notices for movable foreign assets are not necessary if the deceased was domiciled outside of England and Wales.
I also understand that civil law jurisdictions do not recognise an administration period as the assets pass directly to beneficiaries, rather than to executors who are required to pay debts before distributing; therefore, I was unsure whether civil law countries allow for the placing of notices. Do civil law countries allow for the placing of notices?
Is the mere fact that debts might be owed in a foreign country sufficient to make the situation ‘a special case’?
As a result of ambiguity in the law, is seeking directions from the court always necessary? In many cases, that seems disproportionate.
Does anyone have any specific knowledge of placing notices in Spain?