Where it is sought to obtain a money judgment against a foreign personal representative all the authorities to which we were referred or had resort deny the jurisdiction of any forum other than that which appointed the personal representative. It would appear that the primary reason for the rule is the one cited by Mr. Justice Laycraft, namely, that all questions relating to the administration of the estate ought to be determined by the forum which authorized the personal representative to act. The settlement of liabilities, as distinct from the distribution of assets, is a fundamental part of the administration of an estate. Moreover, and probably as a consequence of this rule, probate or administration grants are local and territorial and are not generally recognized as having any extra-territorial effect: McSweeney v. Murphy, [1919] 1 I.R. 16 at 21.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.