We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

The MSE Forum Team would like to wish you all a Merry Christmas. However, we know this time of year can be difficult for some. If you're struggling during the festive period, here's a list of organisations that might be able to help
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Has MSE helped you to save or reclaim money this year? Share your 2025 MoneySaving success stories!

Interpreting Will Trust Clauses

2»

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 47,628 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
  • 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.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.9K Banking & Borrowing
  • 253.9K Reduce Debt & Boost Income
  • 454.7K Spending & Discounts
  • 246K Work, Benefits & Business
  • 602.1K Mortgages, Homes & Bills
  • 177.8K Life & Family
  • 259.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.