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Is an English will applicable in Norway, particularly when

 
Buachaill's Avatar
  • Answered by:Buachaill
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Customer Question

Is an English will applicable in Norway, particularly when there is estate still in Norway, and the English will states the (sole) beneficiary is English? There are some Norwegian relatives who may contest

Submitted: 867 days and 23 hours ago.
Category: UK Law
Value: £28
Status: CLOSED

Accepted Answer

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Expert:  Buachaill replied 867 days and 23 hours ago.


Buachaill :

1. The issue as to whether the will applies to the property in Norway depends on whether the will is the SOLE will of the testator, or whether he also left another separate will dealing with the property in Norway. If there is a separate will dealing with the property in Norway, then that applies to the Norwegian property. If this is the sole will, then it covers all the property.

Buachaill :

2. The next issue is what law applies to the will? If the sole will is English, then English law applies to the will and thus English law will govern as to who is entitled to claim under the will eg if there are a wife or children who say proper provision has not been made for them. This fact is important in relation to potential contests to the will.

Buachaill :

3. In your query, you state that there are some Norwegian relatives who may contest. If the English will is the sole will, then any contesting will have to be done in English and in accordance with the English rules of entitlement. This raises the bar for any Norwegian who wishes to contest, as they will have to employ an English solicitor and travel to court in England.

JACUSTOMER-iplilej9- :

Thank you. I appreciate your answer. I need to know what we are dealing with. There may be another will (possibly in Norway) but I cannot ask you any more until we have found out some more.

Expert TypeBarrister
Category: UK Law
Pos. Feedback: 98.7 %
Accepts: 911
Answered: 11/26/2010

Experience: Barrister 17 years experience

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