In what circumstances will the court of probate in the absence of an English executor and a foreign executor in the distribution of an estate?
Saskatchewan, Canada
The following excerpt is from Felton v. Ranaghan, 1955 CanLII 214 (SK CA):
In Ewing v. Orr-Ewing (1885) 10 App Cas 453, at 502 and 503, 53 LT 826, the Earl of Selborne discussing the forum in which estates should be distributed indicates that where there is a foreign executor and an English executor it is the duty of the court to see to the distribution of the estate but they will be guided by the law of the domicile thus thereby recognizing both forums. He points out at p. 504 that the power of the court of domicile is to make a decree for the general administration of the whole estate where there are assets in several countries and that ancillary letters probate are issued as being the best way practicable to distribute assets not within the foreign jurisdiction and holds at p. 506: “If, in the case of immoveables, the situs rei does not exclude the jurisdiction, there is no intelligible principle on which it can be held to be excluded by the mere situs, in the case of moveables.”
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