Jurisdictional disputes in probate challenges

It is not unusual for deceased individuals to leave family and property in multiple jurisdictions, even in relatively small value estates. Individuals move jurisdictions throughout their life for any number of reasons. This can raise difficult questions of law on issues such as domicile. It can also create practical difficulties where there is litigation in connection with a Deceased estate. One such difficulty is identifying the correct forum for any dispute. Different parties might prefer different jurisdictions for practical or tactical reasons. Such issues need to be considered at an early stage. There may be good reasons to issue proceedings before another party has an opportunity to issue rival proceedings in another jurisdiction. That is particularly so in probate disputes where either party could be the Claimant, and therefore it is possible to be proactive. The recent decision of the High Court in the case of Rehman v Hamid [2019] EWHC 3692 (Ch) offers an informative example of jurisdictional challenges in the context of a probate claim.