Rokkan v Rokkan & Anor

Obligations arising from Norwegian deferred probate are statutory succession rules, not contractual or trust obligations, and are not enforceable in England and Wales as Elizabeth Rokkan died domiciled there; the specific legacy in clause 5 of the will fails by ademption as the property was not held at death and no legal exception applies.

Parties: Claimant: Per Bendik Rokkan; Defendant: Siriol Kjersti Rokkan; Defendant: Llywela Vernon Harris
Jurisdiction: England and Wales
Judgment Date: 04 March 2021
Procedural Posture: Civil / Judgment on Preliminary Issues
Outcome: Claims dismissed; preliminary issues decided in favour of defendants.
Legal Topics: Deferred Probate, Ademption, Conflict of Laws, Mental Capacity

Succession Law Private International Law Trusts and Probate Deferred Probate Ademption Conflict of Laws Mental Capacity

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Parties

Per Bendik Rokkan

Claimant

Siriol Kjersti Rokkan

Defendant

Llywela Vernon Harris

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

1 Whether obligations under Norwegian deferred probate are enforceable in England and Wales against the estate of Elizabeth Rokkan
2 Whether the transfer of funds from Norwegian accounts to UK accounts caused the specific legacy in clause 5 of the will to fail by ademption

Ratio Decidendi

Court Disposition

Claims dismissed; preliminary issues decided in favour of defendants.

Orders

First preliminary issue: Defendants are not subject to any obligation enforceable in England and Wales to distribute the estate pursuant to Norwegian deferred probate principles.
Second preliminary issue: The transfer of funds caused the specific legacy in clause 5 of the will to fail by ademption.