International probate

We recently acted for the widower who currently resides in Florida, USA.

His wife actually died in 1982, at a relatively young age. She had died in Virginia, USA and was considered to have been domiciled there. At the time of her death, she had inherited a reversionary interest in her father’s estate, which would pass to her or her estate upon the death of the life tenant of the will trust, her step mother. Both her father and step mother were domiciled in England and Wales.

The life tenant died only recently and our client had been contacted by another firm in Tunbridge Wells to explain his possible entitlement.

Our client approached TS&P in order to obtain for him a Grant of Representation to his wife’s estate and to allow him to claim the reversionary interest.

We were able to assist the client and obtain a Grant of Representation under r30(1)(b) of the Non Contentious Probate Rules 1987 – which allowed a Grant to be issued to him as the person entitled to the estate of his wife under the rules applicable in the State of Virginia.

We were able to liaise with a US Lawyer whom we instructed to prepare an appropriate affidavit of Virginian Law, explaining our clients entitlement in this jurisdiction. We completed the rest of the application which requires obtaining an order of the Probate Registrar under the aforementioned rules and the completion of Inland Revenue forms current in 1982. A Grant was obtained in good time and the client was able to claim his entitlement.

Fred McMorris, Attorney, Illinois, USA