McElroy v McElroy [2023] WTLR 647

Wills & Trusts Law Reports | Summer 2023 #191

On 18 February 2011, Ray McElroy passed away, survived by his wife of five months, Lynne, and his brother, Paul. Prior to his marriage to Lynne, Ray had made a will pursuant to which Paul was his sole beneficiary. After marrying Lynne, Ray did not execute a further will. On 24 August 2011, Lynne was granted letters of administration in respect of Ray’s estate, having sworn that Ray was domiciled in England and Wales and was intestate. Lynne proceeded to administer Ray’s estate and distribute the assets, including selling a property within the estate in part exchange for a new residence i...

Wills: Lost in translation

Henry Legge examines some oft-overlooked points concerning international testators ‘If a testator had non-UK nationality, the system of law applicable at the time of execution or their death will suffice. The classic case where this will crop up in English practice is where a testator is resident in England but has a non-UK passport.’In this …
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