International Probate

[Barquentine]

Mauritius: if a Mauritius national (who also had British citizenship) dies intestate in the UK what are the steps and documents we need to administer his estate in Mauritius? Can we do this ourselves remotely without the need to travel to Mauritius? His estate there consists only of a house, a couple of bank accounts and a few shares. We will have to go there at some point to clear personal chattels, but we wish to do the administration ourselves without travel. A step-by-step procedure with a list of necessary documents would be very helpful. Thank you.

[Canary42]

Have you tried the Probate Advice Line?

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/probate-general-enquiries

[bobbinwales]

Given the problems of getting over there and I assume a lack of knowledge of how things work, maybe get a solicitor. It'll cost a lot but could save money on unecessary journeys and reduce risk of being ripped off?

[Buenchico]

This (related) thread appears to suggest that it might be best to use the services of a notary in Mauritius and also suggests a couple of names (with email addresses) of people who might be able to help:
https://www.expat.com/forum/viewtopic.php?id=554089

You could also consider asking your own question on that forum:
https://www.expat.com/forum/108-2-formalities-mauritius.html

[Peter Pedant]

and the really really bad news?
Mauritius is the only part of the auld British Empire to administer the Code Napoleon

[which is kinda odd, since the Code Napoleon was around 1803 and when Mauritius became British ( late around 1815) the treaty agreed they would continue with their current legal system ]

i have NO idea what the intestacy rules are .

[Barquentine]

Thanks Peter and Buenchico. They have 'forced inheritance' rules - meaning a certain portion of your estate has to go to your spouse and children before you can leave the rest how you want. I've seen that expat website which does not make encouraging reading as to the responsiveness and reliability of local lawyers. From what I've found so far we just need an affidavit from a witness to say he/she has known the deceased for x years and confirms a/b/c/ are the spouse and only children of the deceased. I am guessing that affidavit needs to be notarised for use in Mauritius. I saw the 'Code Civile' governs this stuff but cannot find a decent translation of that anywhere. It's surprising none of this is clearly set out in any online resources. I think your link, Canary, is just for UK probate. His only assets here were one bank account - and the bank released those funds to his daughter (small sums can be released without LoA) and a jointly-owned property with his wife (so we can do a DJP at the Land Registry). His Mauritian estate will have to wait till we feel comfortable flying again and there are no quarantine/test requirements - so it's going to get a bit overgrown! Thanks anyway for all your replies.

[Peter Pedant]

you can devise a third of the estate outside the family
tiers parti
but in googling that I only got the division of a photo for aesthetic purposes ( into thirds) - but then

En présence d'une succession sans testament, seules les personnes liées au défunt par un lien de parenté sont amenées à succéder. Ce n'est qu'en l'absence d'héritier que l'État pourrait bénéficier des biens.

and having then got the French for rules for intestacy

https://www.heritage-succession.com/sous-menu-reglement-dune-succession-sans-testament.html#:~:text=En%20pr%C3%A9sence%20d'une%20succession,%C3%89tat%20pourrait%20b%C3%A9n%C3%A9ficier%20des%20biens.

which remember is Paree 2012 and there is no guarantee that Mauritius ( or - - - ile de Maurice ) follows

[Buenchico]

The relevant provisions of the Code Civil Mauricien are set out in this document:
https://www.researchgate.net/profile/Cedric-Tuyau/publication/342134389_OVERVIEW_OF_THE_FORCED_HEIRSHIP_RULES_UNDER_THE_CODE_CIVIL_MAURICIEN/links/5ee3c567a6fdcc73be755b8c/OVERVIEW-OF-THE-FORCED-HEIRSHIP-RULES-UNDER-THE-CODE-CIVIL-MAURICIEN.pdf

[Peter Pedant]

blimey - chris
where did you find that

this is intestacy

[Peter Pedant]

oh final sentence
taxes
the lucky inheritor is responsible for estate duty
and it is common place to the beneficiary to say no thanks
( Belgium and France - price too high)