Key Ruling on Foreign Inheritance Judgment

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Foreign judgment setting aside English will could not be registered and enforced in England
The contested probate team at Osbornes Law acts for clients in probate and inheritance disputes, regularly advising in complex cross-border estate matters.
Sometimes, a client will need to register a foreign judgment in England and Wales to have it enforced here, which is what two brothers sought to do when disinherited by their father.
Applications to register a judgment from a foreign court are made under the Foreign Judgments (Reciprocal Enforcement) Act 1933. However, the High Court has ruled in Sidoli v Sidoli [2025] EWHC 1425 (Ch) that this Act cannot be used if the foreign judgment is primarily a succession case.
It is an important ruling for anyone involved in cross-border estate disputes as it highlights the limitations on the court in enforcing foreign inheritance judgments.
What’s the background?
The case involved a sad, long-running dispute between members of a blended family. Davide Sidoli died in September 2006 leaving an English will he had made a few months earlier. On the face of it, the will applied to his entire estate but no grant had ever been taken out.
His father (Quintilio) died in 2004 leaving a will limited to his estate outside of Italy and appointed Davide as executor. He also left an Italian will leaving his estate in Italy to Davide. Under Quintilio’s English will, Davide was entitled to his entire estate, subject only to a relative having the right to live in his London property.
Davide’s will left his estate to his brother Dante and sister-in-law. The will also expressly excluded his ex-wife’s sons Andrea and Antonio Sidoli – the claimants in the case. They were born during the marriage.
In Italy, Andrea and Antonio obtained a judgment setting aside Davide’s will after a decade-long period of litigation. The Italian Court of Piacenza concluded that they were Davide’s children and that Davide was mistaken in believing they were not his. The outcome was that they were to be awarded Davide’s entire €400k estate.
They applied to register the Italian judgment in England and Wales. The stakes were high: if they succeeded, the brothers would be entitled to Davide’s estate in England under the intestacy rules.
The point that was considered was whether the 1933 Act can be used to register foreign judgments arising out of claims regarding succession.
While the High Court found that the judgment was ‘registrable’ under the 1933 Act, this was subject to statutory grounds on which registration could be set aside, under s4(1)(a). The judge considered the grounds on which the claimants relied and dismissed their application for registration.
His reasons were:
- Davide’s estate includes immovable property in London and the Italian court has no jurisdiction over UK land.
- The overall subject matter of the claim concerned the succession to Davide’s estate. Even though the Italian judgment required the defendants to pay a fixed lump sum, it was essentially a succession matter.
- The Italian court had no jurisdiction (under English principles) in respect of succession matter. The 1933 Act excluded registration of foreign judgments concerning administration of estates – and this includes matters concerning succession. Therefore, the registration should be set aside on the grounds that Italy had no jurisdiction
The decision leaves the claimants unable to lay claim on the property and other assets that they would otherwise be entitled to.
What does this mean?
The outcome is arguably unfair in the circumstances, particularly as it was the judge’s view on the evidence that the English court would also probably have concluded that Davide was Antonio and Andrea’s father.
However, the judge observed that since the 1933 Act, England has not sought to alter its approach to jurisdiction in respect of succession matters. Only Parliament can modernise the legislation. Until then, claimants should be seeking to enforce their rights in the English courts if possible.
How can we help?
Osbornes Law stands at the forefront of contested probate and inheritance law, offering expert guidance in complex, domestic and cross-border estate disputes. Osbornes provides strategic support to clients navigating emotionally charged disputes, ensuring their rights are protected, even in the most intricate legal landscapes. For specialist advice on contested probate matters, speak with the expert contested probate and trusts solicitors at Osbornes Law. Contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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