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Interpreting Will Trust Clauses

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  • Savvy_Sue
    Savvy_Sue Posts: 47,308 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have been thinking that they key question is where the will was drawn up, where the estate is, and which law should apply to probate, or its foreign equivalent. I do not think that where the children live is relevant, although the laws of the other country MAY make that question relevant. I know you said:
    Savvy_Sue 1st: All the children survived and are over 25. Some of the children are UK resident and some are non-resident. The testator was not resident in the UK. The border is a sinlge country in europe with a continental legal system based on a written civil code that includes rigid clawback and forced heirship rules. This country is also the law of domicile that, according to English law, the Deceased's movables situated in the UK will be distributed.
    and I'm not sure I understand that: if you're saying that it is the law of That Other Country which must be followed in order to deal with the UK assets, then is English law relevant at all?

    So ... 
    Monty314 said:
    Just a quick question on finding an expert solicitor or maybe better a barrister to assist in giving an English law legal opinion on the interpretation of the Will and especially this clause....can any of you suggest the necessary area of expertise of solicitor and barrister for my search? For example, 'private client' or 'wills and probate' or 'contentious probate' etc.? Thank you again if anyone has any time.
    I don't think you need contentious probate, unless there is disagreement? 

    But what you DO need is a solicitor who is familiar with wills and probate in the UK, AND with dealing with estates in the country of domicile. I googled 'solicitor English and a.n.other country inheritance laws' for a couple of European countries, and that would be a reasonable start. 
    Signature removed for peace of mind
  • Monty314
    Monty314 Posts: 5 Forumite
    First Post
    Thank you Savvy_Sue and once again the other members who kindly took the time to comment.

    I have foreign counsel and I have now a few candidate UK solicitors for the interpretation of the Will.

    Kind regards.
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