Ex parte Scott

220 So. 3d 1042, 2016 WL 6310771
CourtSupreme Court of Alabama
DecidedOctober 28, 2016
Docket1140645
StatusPublished

This text of 220 So. 3d 1042 (Ex parte Scott) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte Scott, 220 So. 3d 1042, 2016 WL 6310771 (Ala. 2016).

Opinion

MURDOCK, Justice.

Joan McCullough Scott (“Scott”), .an Alabama resident, petitions this Court for a writ of mandamus directing the Jefferson Probate Court to vacate its order requiring all beneficiaries of the estate of Kathryn Marie Lange (“Lange”), deceased (“the estate”), who are residents of Alabama to pay into the probate court distributions they receive from a concurrent administration of the estate in London, England. We grant the petition and issue the writ.

Facts and Procedural History

Lange was born in Birmingham, Alabama, in 1930. In 1953 she married a Danish citizen and moved to Copenhagen. She divorced her husband in 1961, and in 1962 she became a resident of London, England, where she resided until her death on January 4, 2010. Despite living overseas for the majority of her adult life, Lange retained her United States citizenship, and she never became a British citizen.

During Lange’s life, she purchased several parcels of real property in London and a parcel of property in the English countryside. At her death, Lange owned the aforementioned parcels of real property in England, a small sum in an English bank account, some personal property located in England, and approximately $350,000 in personal property located in Alabama.

The Estate Administrations

On January 11, 2010, Lange’s nephew, • Charles. Lange Clark, filed a petition for letters of administration as to the estate in the Jefferson Probate Court. The petition alleged that Lange was domiciled in Jefferson County when she died, that she had no last will and testament, that she left assets in Jefferson County that consisted of approximately $350,000 in personal property and no real property, and that Lange was survived by Clark and his mother (Lange’s sister), Adrienne O’Brien (“O’Brien”), both of whom are residents of Mountain Brook.

The probate court granted Clark’s petition on the day it was filed and issued him letters of administration. All references hereinafter to “Clark” are to Clark in his capacity as administrator. All references hereinafter to the “Jefferson County administration” shall mean the estate administration in the Jefferson Probate Court.

A few days after Clark received letters of administration, he was informed that Lange had a last will and testament (“the will”) and that the will was in the possession of an attorney in England. Clark attempted to obtain a copy of the will, but his attempt was unsuccessful. On January 29, 2010, Clark filed a “Motion for Approval of Expenses” in the probate court seeking funds to hire counsel in London and disclosed the fact that he had received information indicating that Lange had a will. Thereafter, see discussion infra, the [1044]*1044probate court entered an order authorizing Clark to hire counsel in London to advise him as to whether an ancillary estate should be opened there and as to questions concerning the validity of the will.

The will was dated December 19, 1985. The will includes several specific bequests of personal property and a residuary devise of Lange’s remaining property, including the parcels of real property noted above, to the trustees of a testamentary trust. The trustees were directed to sell such property or otherwise to convert it into cash for purposes of distribution among 14 individual beneficiaries (“the individual beneficiaries”), one of whom is Scott, and 9 charitable beneficiaries (“the charitable beneficiaries”). Neither O’Brien nor Clark is named as a beneficiary, personal representative, or trustee in the will.

After Clark received information as to the existence of the will, he filed a “caveat” in the relevant court in London, England, preventing the admission of the will to probate pending a determination as to its validity.

On August 6, 2010, Simon Winston, one of the persons named as co-personal representative and cotrustee in the will, filed a motion to intervene in the Jefferson County administration. Winston requested that the Jefferson Probate Court stay further proceedings until the will was properly offered for probate in England. Scott also filed a motion to intervene in the Jefferson County administration, likewise requesting a stay of further proceedings in the probate court.

On August 24, 2010, Clark filed a motion in the probate court requesting that it declare that Lange’s domicile at her death was Jefferson County, Alabama.

On October 1, 2010, the charitable beneficiaries initiated proceedings to establish the validity of the will in the London High Court of Justice, Chancery Division (“the Chancery Court”); it was assigned claim no. HC10C02799. In that proceeding, the charitable beneficiaries named a number of defendants, including O’Brien, who the Chancery Court described as Lange’s “intestacy beneficiary,” and Clark, who the Chancery Court described as Lange’s “administrator under an Alabama grant of letters of administration.” The charitable beneficiaries also named as defendants the individual beneficiaries, Winston, and the other person whom the will nominated as co-personal representative and cotrustee. The Chancery Court appointed Helen Freely, an English solicitor, as “interim” personal representative of the estate in England pending a determination as to the validity of the will.1

Clark retained a London law firm, Macfarlanes, LLP (“Macfarlanes”), to represent him in the Chancery Court proceeding. Clark sought to defend against any declaration by the Chancery Court as to the validity of the purported will; he asserted that Lange lacked testamentary capacity when she executed the will.

On October 15, 2010, Winston filed an amendment to his motion to intervene in the probate court. The amendment disclosed that the will had been offered for probate in London, that Clark had appeared in the Chancery Court proceedings to contest the validity of the will, and that the Chancery Court had appointed Freely as interim personal representative as to the estate in England. Winston requested that the probate court stay further proceedings pending the Chancery Court’s determination as to the validity of the will.

[1045]*1045Clark also filed a motion in the probate court to which he attached a copy of the will. The motion asserted that Lange was domiciled in Jefferson County at her death and that the will should be offered for probate in the probate court for purposes of determining whether the will was valid. Clark also filed a response to Winston’s and Scott’s respective motions to intervene.

On November 17, 2010, the probate court entered an order in response to Clark’s petition for a declaration as to Lange’s domicile. The order states that Lange’s domicile “was Birmingham, Alabama.” Scott appealed that order to the circuit court.2

Eventually, the parties to the Chancery Court proceeding entered into a settlement agreement. On July 12, 2012, the Chancery Court entered an order determining that the will was valid and approving the settlement agreement. Pursuant to the terms of the settlement agreement, the July 2012 order further directed that Freely was to serve as personal representative for purposes of administering the estate in England. Also, the July 2012 order notes that Scott agreed to dismiss her appeal of the probate court’s order as to Lange’s domicile, which Scott subsequently did.

As to Clark, the July 2012 order provided:

“6.

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220 So. 3d 1042, 2016 WL 6310771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-scott-ala-2016.