Will a Will and an enduring power of attorney executed in Northern Ireland be valid in England and Wales where the testator/donor is now domiciled in England and Wales?

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Published by a ��˾��ҹ�� Private Client expert

Published on: 27 January 2017

Practice Note: Jurisdiction in Probate matters outlines that for probate purposes, the UK consists of three jurisdictions: England and Wales, Scotland and Northern Ireland.

By virtue of section 2 of the Wills Act 1861 (WA 1861), a Will made (before 1 January 1964) in the UK by a British subject, wherever domiciled at the time of making the same or at the time of death, is held to be well executed as to personal estate if valid by the law of that part of the UK where it was made.

Following this, in Re Priest, Belfield v Duncan, the Will of an English domiciliary executed in Scotland, was held to be subject to English law (and so could not be construed as a holograph Will under Scottish law) and a gift to the wife of an attesting witness failed.

In the case of persons dying on or after 1 January 1964,

Jurisdiction(s):

United Kingdom

Key definition:

Enduring power of attorney definition

What does Enduring power of attorney mean?

Before 1 October 2007, when the Mental Capacity Act 2005 came into force causing Lasting power of attorneys to replace Enduring Power of Attorneys, people could obtain an Enduring Power of Attorney to enable a trusted person to act for them if they could no longer manage their finances.

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