International Probate Solicitors

What Is International Probate?

International probate is the process of administering an estate with a cross-border element: assets held abroad, a foreign domicile, or beneficiaries living overseas. It involves obtaining the right legal authority in each relevant jurisdiction and making sure assets are collected and distributed under the correct succession laws, which are not always the laws of the country where the person died.

International Probate Services We Offer

Cross-border estates need more than a standard Grant application — here is how we help.

Grants of Representation for Foreign Estates

We advise on whether a UK grant will be recognised abroad, and where it will not, manages the process of obtaining a separate grant in that country.

Administering UK Estates with Foreign Assets

“My mother lived here but had a flat in Spain — what happens to it?” is a typical starting point. We co-ordinate with local lawyers so overseas assets are correctly identified, valued and transferred without unnecessary delay.

Domicile Advice

Domicile, broadly the country someone considered their permanent home, determines which country’s succession and tax rules apply. Where domicile is unclear or disputed, the consequences for Inheritance Tax and asset distribution can be significant.

Cross-Border Inheritance Tax

Estates with international elements can face tax obligations in more than one country. The UK has double tax treaties with several countries, including the USA, France, South Africa and India, which can reduce or eliminate double taxation, and we advise on how these interact with UK Inheritance Tax.

EU Succession Regulation (Brussels IV)

EU Succession Regulation 650/2012 (“Brussels IV”) allows EU residents to elect for the law of their nationality, rather than residence, to govern their estate. The UK no longer participates following Brexit, but it remains directly relevant wherever the deceased held EU assets or nationality, and we advise on its practical effect.

Resealing Foreign Grants

Where a grant has already been obtained in a Commonwealth jurisdiction, it can often be resealed in England and Wales under the Colonial Probates Act 1892 rather than requiring a fresh application — see our Probate Solicitors page for the equivalent domestic process.

Foreign Wills

A Will made abroad may still be valid in England and Wales under the Wills Act 1963, provided it complies with the law of the country where it was made, where the testator lived, or of which they were a national. We review foreign Wills as part of our initial assessment.

How International Probate Works

International probate follows the same broad sequence as a domestic estate, with extra steps to account for the cross-border element.

1. Initial assessment: We review domicile, assets and jurisdictions involved, giving you a clear picture of the work and likely timeline.
2. Domicile and succession law analysis: We confirm which succession law applies and whether Brussels IV or a tax treaty affects the strategy.
3. Valuing the estate: We work with overseas lawyers and valuers to value foreign assets accurately for both probate and Inheritance Tax.
4. Grant applications: We submit the UK application and co-ordinate any foreign grant or resealing in parallel.
5. Tax and asset transfer: We settle UK Inheritance Tax, apply treaty relief where available, and collect and transfer assets, including overseas property.
6. Estate accounts and distribution: We prepare full accounts and distribute once every jurisdiction’s obligations are satisfied, typically 9 months to 2 years after instruction for cross-border estates.

Why Choose Nelsons for International Probate

Executors and families trust us with their most complex, cross-border matters for a few clear reasons.

• Genuine Cross-Border Experience: Recognised in The Legal 500 for a private client team that handles Wills, Trusts and probate daily, not occasionally.
• Clear Communication Across Jurisdictions: Multiple legal systems and overseas tax authorities do not have to mean confusion. We give straightforward, honest updates on timescale and cost throughout, without unnecessary jargon.
• Remote-Friendly for Overseas Clients: We work as comfortably by video, phone and secure document exchange as in person, so being
  

  

  based abroad is never an obstacle to instructing us.

Talk to Our International Probate Solicitors

Call 0800 024 1976 or contact us via our online enquiry form. We work with executors and beneficiaries wherever they are based.