The English Grant of Probate and Italian Assets: A Dual-Track Guide

When a person dies holding assets in both England and Italy, two independent administrative systems must be engaged simultaneously. Neither system recognises the authority conferred by the other. An English Grant of Probate has no operation in Italy. An Italian Dichiarazione di Successione has no operation in England. This guide explains the doctrinal basis for this bifurcation, the practical steps required in each jurisdiction, and the coordination challenges that arise when the two tracks must be managed in parallel.

The Doctrinal Foundation: Why Two Tracks Exist

The requirement for parallel proceedings follows directly from the conflict of laws as stated in Dicey, Morris & Collins on the Conflict of Laws (15th Edition), Chapter 27.

Rule 159: Foreign Grants Have No Operation in England

"A grant of representation under the law of a foreign country has no operation in England."

This means that an Italian Notary's deed of succession (Atto di Notorietà), an Italian report of succession (Dichiarazione di Successione), or any other Italian document establishing an heir's status has no legal effect in England. An Italian heir presenting an Atto di Notorietà to a UK bank will be refused. They must obtain an English Grant of Representation — either a Grant of Probate (if named as executor in the will) or Letters of Administration (if there is no will, or if they are not named as executor).

The rule operates reciprocally. An English Grant of Probate has no operation in Italy. An English executor presenting a London Probate to an Italian bank or to the Italian Conservatoria dei Registri Immobiliari will be directed to obtain local Italian authority through the Notarial Publication procedure.

Rule 153: English Courts Will Grant Representation Over English Assets

The English High Court (Family Division, Principal Registry) has jurisdiction to grant probate or administration in respect of property situated in England, regardless of where the deceased was domiciled. If the deceased was domiciled abroad (including in Italy), the grant is described as an "ancillary" grant — it is secondary to the primary grant issued in the country of domicile.

The English court will generally follow the lead of the court of the domicile (27-010). If an Italian Notary has identified specific persons as heirs, the English court will ordinarily appoint those same persons as administrators, unless there is a compelling reason to appoint someone else.

Rule 156: What Vests in the English Personal Representative

An English personal representative (executor or administrator) receives automatic title only to property locally situate in England at the time of death. Their authority does not extend to Italian assets. This is stated in Rule 156:

"The authority of a personal representative is derived from the law under which they are appointed."

The English Grant therefore gives the personal representative power to deal with English bank accounts, English shares, English real property, and any other assets situated in England. It does not give them power to sell an Italian villa, close an Italian bank account, or transfer shares in an Italian S.r.l.

Rule 158: The Lex Fori Governs Administration

The administration of the estate — the collection of assets, the payment of debts, the priority of creditors, the distribution of the residue — is governed by the law of the country that granted the authority. This is the lex fori principle.

English assets are administered under English law, regardless of the deceased's domicile. Italian assets are administered under Italian law, regardless of the deceased's domicile.

This creates a practical bifurcation even within a single estate. The priority of debts may differ. The method of collection may differ. The rules governing the personal representative's liability to beneficiaries may differ. A single estate administration may simultaneously apply English principles (common law duties of care, trustee-like obligations) to the English assets and Italian principles (Civil Code provisions on the eredità) to the Italian assets.

Track 1: The English Procedure

When Is an English Grant Required?

An English Grant is required whenever the deceased held assets situated in England. The most common situations:

Bank accounts at English branches (including UK clearing banks) Shares in companies registered in England (share register in England) Real property situated in England (freehold, leasehold, or registered interests) Insurance policies issued by English insurers Debts owed by English-resident debtors

Types of Grant

| Grant Type | When Issued | Who Applies | |:|:

Authority Notes

The dual-track principle is derived from Rules 153–160 of Dicey, Morris & Collins on the Conflict of Laws (15th Edition), Chapter 27. Rule 159 (foreign grants have no operation in England) is the doctrinal foundation. The Italian PIL confirmation is found in Articles 64–66 of Law 218/1995 (automatic recognition of foreign judgments — but an English Grant of Probate is an administrative instrument, not a "judgment" within Art. 64). The successional conflict of laws was previously governed by Art. 46 of Law 218/1995 (nationality at death), now superseded by Brussels IV. The non-ratification of the 1973 Hague Convention on International Administration of Estates is noted at footnote 1 of Chapter 27.

[!TIP] Authoritative Links: For more on the Italian track, see our note on Dealing with a Death in Italy 2026 or The European Certificate of Succession 2026. For the classification of assets between the two tracks, see Movable or Immovable? The Hidden Classification.