The recognition of foreign succession judgments at common law

This article examines whether the common law recognises a category of foreign judgments “in matters of” succession. Its argument is that it does not: the relevant question of characterisation is whether the orders contained in the foreign judgment are in rem or in personam. Where a foreign “succession” judgment is partly in rem and partly in personam, the starting point is to treat each order separately. However, a foreign court having jurisdiction in personam is properly regarded as competent to make a determination in rem that forms a necessary basis for the order in personam. This analysis helps to resolve the uncertainty arising from the conflicting decisions in Del Curto v Del Curto and Sidoli v Sidoli.