① Validity of bequests
Where the essential validity of a will or interstate succession to movables is determinable by the law of a foreign country, the view that would be taken of the matter by the foreign judge, if he were hearing the case, must be adopted. Also, in cases in which the testator died before 1964 and in cases in which, although he died after 1963, the formal validity of his will is considered under the old common law rule of reference to the law of the domicile, a grant of probate will not be denied on the ground of formal invalidity if the will is formally valid according to the private international law, though not according to the internal law, of the governing legal system.
② Claims to foreign immovables
Where a question arises of the right to foreign immovables, as in Re Ross, the English court will apply the private international law rules of the country where the immovables are situated, if they would be applied by a court of the situs hearing the same question. This may be justified on the ground that it promotes the security of title.
③ Some cases of movables
If the English choice of law rule refers a disputed title to movables to the law of their situs at the time when the alleged title was said to have been acquired, it is probable that the court will apply the internal system of law that a court of the situs would apply in the particular circumstances of the case.