Hugh James advise in estate with assets in foreign jurisdictions where domicile was disputed and where there are minor beneficiaries
Roman Kubiak acts for the husband of the deceased in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 and to set aside the deceased’s last will on the grounds of lack of capacity and lack of knowledge and approval.
This matter is particularly complex as the deceased and her husband were resident in Switzerland at the time of death and the deceased’s assets are split between France, Switzerland, Austria, Jersey and England. As such, it has been necessary to establish the legal position abroad, to ensure that the claims brought in the UK marry up with any potential succession rules in each of the above jurisdictions, to consider the impact of forced heirship and matrimonial property regimes and tax considerations.
Further, the grant of probate was extracted on the basis that the deceased died domiciled in Switzerland, potentially excluding the husband from bringing a claim under the Inheritance Act. This has been challenged and proceedings have been issued in the Royal Courts of Justice.