Testatrix’s domicile of origin was Northern Ireland. She made a will there about 15 years ago, and moved to England about 5 years ago, where she died. The vast majority of her assets, including her home, were in E&W so I’m pretty satisfied she had acquired an English domicile of choice and that her domicile of origin was never revived.
The will, drafted by solicitors in Northern Ireland, is signed in the usual English way i.e. by testatrix and two witnesses with a standard attestation clause. There is no choice of law clause or limit on the jurisdiction.
My initial view was that the will could be admitted to probate in E&W under the 1963 Act as it was validly executed in accordance with English law (i.e. the jurisdiction where she was domiciled and habitually resident at death). However, given that Northern Ireland seems to have the same requirements as E&W for execution, does the 1963 Act actually apply at all? Tristram & Coote’s para 3.436 suggests that it doesn’t, and the usual 1837 Act applies instead.
Regardless of whether the 1963 Act applies, my understanding is that the Northern Irish will can be proved in England, but I would welcome your comments on the above.