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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10188
Experience:  Barrister 17 years experience
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I am executor to my late brothers will. He was a UK citizen

Customer Question

I am executor to my late brothers will. He was a UK citizen resident in Nethrlands less than six years. His will was written in Netherlands and signed by Dutch nationals is it legal in UK?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.
1. Dear *****, can you better explain the situation. Was the will stated to be governed by Dutch law? Or English law? Was the will made in accordance with the requirements of Dutch law?
Customer: replied 10 months ago.
The will is a single typed page giving his name and address in netherlands, appointing me as executor, leaving everything to his spouse, signed by two dutch resident,s but does not state which law is to govern the will. He was a british citizen but resident in netherlands
Expert:  Buachaill replied 10 months ago.
2. In this situation, the will is governed by Dutch law, so long as your brother was domiciled there and the will is valid. However, if the will is not valid under Dutch law, then the law of England can be applied so long as it validates the will. Under the Succession regulation which applies in the Netherlands, it is the law chosen by the will which governs and if this is not stated, then it is the law of the domicile which governs. As regards ***** ***** criterion of domicile, Here, your brother most likely had a Dutch domicile at the time of death as he had lived there for six years. However, the argument could be made that he had not lost his English domicile of origin. So if the will is not valid under Dutch law, you can have regard to English law. Under English law, this will would be valid as it was witnessed by two people. It makes no difference that this occurred in Holland and the two witnesses were Dutch citizens. It is valid under English law. The Succession Regulation, whereby wills are recognised in all EU states except bRITIAIN & Ireland, will make this will valid throughout Europe. It is also valid in the UK because it is valid according to UK law.
Expert:  Buachaill replied 10 months ago.
3. As executor, you can safely administer this will. It is valid in the UK if your brother's assets were there.
Expert:  Buachaill replied 10 months ago.
4. PLease RATE the answer as unless you Rate the answer your Expert receives no payment for answering your Question.
Customer: replied 10 months ago.
He has assets (houses ) in both Uk - rented out and Netherlands where he lived and worked - so do we start with assume domicile in Netherlands?
Expert:  Buachaill replied 10 months ago.
5. Yes, prove the will in the Netherlands and start by administering the will in the Netherlands. The will can then be recognised in the UK and the estate in the UK administered there subsequently. So, I would suggest you get yourself a Dutch lawyer for help with administering your brother's estate in the Netherlands.

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