Advice with managing and administering estates with international assets
When a loved one dies, it can obviously be a traumatic and emotional time. Additionally, if the deceased person was a loved one who was a UK national with assets overseas or a foreign national with UK assets, it can complicate matters further when it comes to managing and administering their estate.
At Nelsons, our team of international probate solicitors in Derby, Leicester and Nottingham are here to help.
Our team of international probate solicitors – how we can help
At Nelsons, our expert team of Wills and probate solicitors can assist with all aspects of international probate and estate administration. We can provide expert assistance and support you throughout the entire process, including, but not limited to:
- Preparing inheritance tax accounts and settling any inheritance tax due with HMRC.
- Applying to the Probate Registry to either reseal an existing Grant or apply for a new Grant ensuring the relevant Non-Contentious Probate Rules and domicile are complied with.
- The administration of your loved one’s estate.
We can support you with all or some parts of the probate process, depending on your preference, and will advise you of the costs involved before we carry out any work.
Our team has many years of experience in advising on substantial, complex, and high-value estates, and is recommended by the independently-researched publication – The Legal 500 – as being one of the top teams of experts in the country.
Testimonials…
International probate advice – Contact us
For further information on how our expert international probate solicitors can assist you, please call 0800 024 1976 or contact us via our online enquiry form for a guaranteed response.
FAQs concerning international probate
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What is international or cross-border probate?
- International probate occurs when the deceased person resided in one country but owned assets in another. Such examples include:
- Foreign nationals with English or Welsh assets
- English or Welsh nationals with overseas assets
- English or Welsh nationals living abroad but still own UK assets
- Those residing in England or Wales but whose official home for tax reasons is overseas
If someone has passed away abroad but held assets in England and Wales, it may be the case that a Grant of Probate (a Court issued document which gives legal authority to the executors of an estate appointed through a Will to deal with the affairs of the deceased), or that countries equivalent, has been issued in their country of domicile.
Institutions in England and Wales, however, would not recognise a Grant which has been issued in another country. This is because the laws surrounding international probate can be more complicated and time-consuming than standard probate (further information in respect of Grants of Probate issued overseas can be found here).
In such circumstances, it is advisable to seek specialist legal advice regarding your circumstances.
International probate occurs where the deceased person resided in one country but owned assets in another. Such examples include:
- Foreign nationals with English or Welsh assets
- English or Welsh nationals with overseas assets
- English or Welsh nationals living abroad but still own UK assets
- Those residing in England or Wales but whose official home for tax reasons is overseas
If someone has passed away abroad but they held assets in England and Wales, it may be the case that a Grant of Probate (a Court issued document which gives legal authority to the executors of an estate appointed through a Will to deal with the affairs of the deceased), or that countries equivalent, has been issued in their country of domicile.
Institutions in England and Wales, however, would not recognise a Grant which has been issued in another country. This is because the laws surrounding international probate can be more complicated and time-consuming than standard probate (further information in respect of Grants of Probate issued overseas can be found here).
In such circumstances, it is advisable to seek specialist legal advice regarding your circumstances.
International probate occurs where the deceased person resided in one country but owned assets in another. Such examples include:
Foreign nationals with English or Welsh assets
English or Welsh nationals with overseas assets
English or Welsh nationals living abroad but still own UK assets
Those residing in England or Wales but whose official home for tax reasons is overseas
If someone has passed away abroad but they held assets in England and Wales, it may be the case that a Grant of Probate (a Court issued document which gives legal authority to the executors of an estate appointed through a Will to deal with the affairs of the deceased), or that countries equivalent, has been issued in their country of domicile.Institutions in England and Wales, however, would not recognise a Grant which has been issued in another country. This is because the laws surrounding international probate can be more complicated and time-consuming than standard probate (further information in respect of Grants of Probate issued overseas can be found here).
In such circumstances, it is advisable to seek specialist legal advice regarding your circumstances.
International probate occurs where the deceased person resided in one country but owned assets in another. Such examples include:
- Foreign nationals with English or Welsh assets
- English or Welsh nationals with overseas assets
- English or Welsh nationals living abroad but still own UK assets
- Those residing in England or Wales but whose official home for tax reasons is overseas
If someone has passed away abroad but they held assets in England and Wales, it may be the case that a Grant of Probate (a Court issued document which gives legal authority to the executors of an estate appointed through a Will to deal with the affairs of the deceased), or that countries equivalent, has been issued in their country of domicile.
Institutions in England and Wales, however, would not recognise a Grant which has been issued in another country. This is because the laws surrounding international probate can be more complicated and time-consuming than standard probate (further information in respect of Grants of Probate issued overseas can be found here).
In such circumstances, it is advisable to seek specialist legal advice regarding your circumstances.
International probate occurs where the deceased person resided in one country but owned assets in another. Such examples include:
- Foreign nationals with English or Welsh assets
- English or Welsh nationals with overseas assets
- English or Welsh nationals living abroad but still own UK assets
- Those residing in England or Wales but whose official home for tax reasons is overseas
If someone has passed away abroad but they held assets in England and Wales, it may be the case that a Grant of Probate (a Court issued document which gives legal authority to the executors of an estate appointed through a Will to deal with the affairs of the deceased), or that countries equivalent, has been issued in their country of domicile.
Institutions in England and Wales, however, would not recognise a Grant which has been issued in another country. This is because the laws surrounding international probate can be more complicated and time-consuming than standard probate (further information in respect of Grants of Probate issued overseas can be found here).
In such circumstances, it is advisable to seek specialist legal advice regarding your circumstances.
International probate occurs where the deceased person resided in one country but owned assets in another. Such examples include:
- Foreign nationals with English or Welsh assets
- English or Welsh nationals with overseas assets
- English or Welsh nationals living abroad but still own UK assets
- Those residing in England or Wales but whose official home for tax reasons is overseas
If someone has passed away abroad but they held assets in England and Wales, it may be the case that a Grant of Probate (a Court issued document which gives legal authority to the executors of an estate appointed through a Will to deal with the affairs of the deceased), or that countries equivalent, has been issued in their country of domicile.
Institutions in England and Wales, however, would not recognise a Grant which has been issued in another country. This is because the laws surrounding international probate can be more complicated and time-consuming than standard probate (further information in respect of Grants of Probate issued overseas can be found here).
In such circumstances, it is advisable to seek specialist legal advice regarding your circumstances.
International probate occurs where the deceased person resided in one country but owned assets in another. Such examples include:
- Foreign nationals with English or Welsh assets
- English or Welsh nationals with overseas assets
- English or Welsh nationals living abroad but still own UK assets
- Those residing in England or Wales but whose official home for tax reasons is overseas
If someone has passed away abroad but they held assets in England and Wales, it may be the case that a Grant of Probate (a Court issued document which gives legal authority to the executors of an estate appointed through a Will to deal with the affairs of the deceased), or that countries equivalent, has been issued in their country of domicile.
Institutions in England and Wales, however, would not recognise a Grant which has been issued in another country. This is because the laws surrounding international probate can be more complicated and time-consuming than standard probate (further information in respect of Grants of Probate issued overseas can be found here).
In such circumstances, it is advisable to seek specialist legal advice regarding your circumstances.
International probate occurs where the deceased person resided in one country but owned assets in another. Such examples include:
- Foreign nationals with English or Welsh assets
- English or Welsh nationals with overseas assets
- English or Welsh nationals living abroad but still own UK assets
- Those residing in England or Wales but whose official home for tax reasons is overseas
If someone has passed away abroad but they held assets in England and Wales, it may be the case that a Grant of Probate (a Court issued document which gives legal authority to the executors of an estate appointed through a Will to deal with the affairs of the deceased), or that countries equivalent, has been issued in their country of domicile.
Institutions in England and Wales, however, would not recognise a Grant which has been issued in another country. This is because the laws surrounding international probate can be more complicated and time-consuming than standard probate (further information in respect of Grants of Probate issued overseas can be found here).
In such circumstances, it is advisable to seek specialist legal advice regarding your circumstances.
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Which country's laws apply to international probate?
The laws that govern international probate can be complex and are typically determined by various factors, such as the deceased’s nationality, domicile, the location of assets, and any existing legal documentation like wills or trusts.
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Do I need to probate in every country where the deceased owned assets?
It depends. In some cases, multiple probates may be necessary in each country where the deceased owned significant assets. However, certain countries may have treaties or agreements in place that recognise probate proceedings from another jurisdiction.
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How can I avoid lengthy international probate processes?
Estate planning strategies like creating a Will, establishing Trusts, and using other legal mechanisms can streamline the probate process. Additionally, seeking advice from legal professionals experienced in international probate can help plan more efficiently.
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What challenges can arise in international probate?
Language barriers, differences in legal systems, varying probate procedures, tax implications, and even cultural differences can pose challenges in international probate. These challenges might delay the process or lead to complexities.
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How long does international probate take?
The duration of international probate can vary significantly depending on the complexity of the estate, the number of countries involved, legal challenges, and other factors. It could take months or even years to complete.
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What taxes apply in international probate?
Tax implications can differ across countries. Some may have inheritance taxes or estate taxes that apply to the deceased’s assets. Understanding these tax obligations is crucial for proper estate planning and probate proceedings.
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How can I ensure smooth international probate proceedings?
Planning ahead, keeping comprehensive records of assets, seeking legal advice, and having clear documentation, including Wills and Trusts, can significantly contribute to smoother international probate proceedings.