The Non-Contentious Probate Rules 1987

Grants where deceased died domiciled outside England and Wales E+W

30.—(1) Subject to paragraph (3) below, where the deceased died domiciled outside England and Wales, [F1 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; or

(b) where there is no person so entrusted, to the person beneficially entitled to the estate by the law of the place where the deceased died domiciled or, if there is more than one person so entitled, to such of them as the [F2 district judge or] registrar may direct; or

(c) if in the opinion of the registrar the circumstances so require, to such person as the [F2 district judge or] registrar may direct.

(2) A grant made under paragraph (1)(a) or (b) above may be issued jointly with such person as the [F3 district judge or] registrar may direct if the grant is required to be made to not less than two administrators.

(3) Without any order made under paragraph (1) above—

(a) probate of any will which is admissible to proof may be granted—

(i) if the will is in the English or Welsh language, to the executor named therein; or

(ii) if the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, to that person; and

(b) where the whole or substantially the whole of the estate in England and Wales consists of immovable property, a grant in respect of the whole estate may be made in accordance with the law which would have been applicable if the deceased had died domiciled in England and Wales.

Textual Amendments

F1 Words in rule 30(1) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 10

F2 Words in rule 30(1)(b)(c) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

F3 Words in rule 30(2) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

Commencement Information

I1 Rule 30 in force at 1.1.1988, see rule 1