There are a number of options to be considered when dealing with wills with a foreign element. A will of a person dying after 1 January 1964 is treated as duly executed in England and Wales if it was executed in accordance with either:

(a)the law of where the will was executed;

(b)the law of the testator’s domicile at his or her death or at the time of the execution of the will;

(c)the law of the place of the testator’s habitual residence at the date of his or her death or at the time of the execution of the will; or

(d)the law of a state of which the testator was a national either at the date of his or her death or at the time of the execution of the will.1

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