I’m looking into an estate where probate has been granted in Nigeria for a Nigerian domiciled individual whose will stated that it applied only to Nigerian assets. There are assets in the UK property (£525k) and a bank account (£735k). There is no will relating to the UK estate so an intestacy has occurred in relation to the UK estate.
Due to the complicated family circumstances, the preference of the family is for the grant in the UK to issue to the persons to whom the Nigerian grant was issued.
My instinct is they should apply for letters of administration in respect of the UK on the basis of Rule 30(1)(a) of the Non Contentious Probate Rules which states:
30(1) Subject to paragraph (3) below, where the deceased died domiciled outside England and Wales, a district judge or registrar may order that a grant, limited in such way as the district judge or registrar may direct, do issue to any of the following persons –
(a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled;
Does anyone have experience of applying on the basis of Rule 30(1)(a) and if so do you know why the court would or would not issue the grant to them?
Many thanks.