Part VI The Law of Property, 35 Administration of Estates
Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara WalkerEdited By: Paul Torremans, James J. Fawcett
- Choice of law clauses — Jurisdictional agreements and the common law — Administration of estates
This chapter examines the legal regime governing the administration of estates. It begins with an overview of the difference between common law and civil law jurisdictions with respect to administration of estates, followed by a discussion of the Hague Convention on Administration of Estates and the EU Succession Regulation. It then considers the jurisdiction of the English courts regarding grants of administration, the rules governing separate wills, the situs of assets, persons to whom grant will be made, consular grant, and title of administrator under an English grant. It also analyses the choice of law governing the administration of estates and the status of administrators appointed by foreign courts before concluding with an assessment of foreign grants, Commonwealth grants, and grants of administration in Scotland and Northern Ireland.