The recent case of Clarke-Sullivan v Clarke-Sullivan [2021] EWHC 4 (Ch) is an excellent example of the court’s approach to the construction of a will of a deceased foreign domicile. It is also a reminder to practitioners that an order under section 48 of the Administration of Justice Act 1985 – the power of the court to authorise action to be taken in reliance on counsel’s opinion –may only be made in clear cases and should not be used where more complicated issues of construction arise.


The case concerned the estate of a New Zealand national who died in a tragic skiing accident in February 2019. The deceased was survived by her husband and their young daughter....

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