An intestacy is subject to Spanish law over personalty and therefore the widow has a usufruct in a share of the estate.
Does anybody know if the Probate Registry would consider this a life interest for the purposes of s.114(2) (so ordinarily requiring at least two administrators)?. I’m leaning towards yes but can’t find any guidance on the subject. It’s not a major hurdle but we want to tick the box correctly!
Also, I am assuming that a DoV removing the usufruct prior to making the application is unlikely to make a difference in principle - although it might be grounds to ask for an exception to be made as “expedient in all the circumstances”.
The Finanzpolitzei regard a usufruct as a settlement: IHTM27054. This is not universally accepted, as Peter Harris has often pointed out on here. As ever, this is legislation by proclamation and highly effective but realistically only to be countered by a visit to that legendary venue which like the Ritz Hotel is open to all.
I think the trust treatment of usufructs is only for tax purposes. So I doubt (but have no certain authority) that the Probate Registry will see it as a trust and require two PRs.
Also, a DoV will not be capable of removing the usufruct, unless it is effective also under Spanish law.
Presumably the Probate Registry will take, and HMRC has taken, advice from Government lawyers. Hopefully they will get the same answer and that it will not depend on whom they ask—100 lawyers, 125 different opinions.
Arrogance, however, is the self-selected bureaucratic anaesthetic of choice to stifle the pain of intellectual curiosity.
We have a little time so I’ve submitted a question to the Registry. Hopefully, if we refer to their response, they will consider themselves bound by it. Maybe.