International Probate

The differences in procedures are often much greater than people imagine and can cause stress and delay.

There are also issues dealing with estates where the deceased was domiciled abroad but owned assets in the UK, so that a UK grant of representation or the resealing of an existing foreign grant is required.

Our probate lawyers have dealt with estates where the deceased owned property abroad, and we are frequently instructed to obtain UK grants or to reseal an existing foreign grant for someone who has died domiciled overseas. We also have contacts with lawyers overseas through MSI Global Alliance who speak English and understand our procedures here.

We can contact and liaise with the foreign lawyers and courts and we can organise the notarising and translation of documents so that matters are dealt with as smoothly as possible. If you appoint us, we will be your point of contact and we will keep you updated on the progress of your matter.

Our specialist probate team are experts in dealing with international assets. You can be assured that you will receive quality legal advice from STEP qualified solicitors.

Foreign Assets

It is usual for processes in overseas jurisdictions to take a lot longer than the process at home. Accordingly, if we are dealing with an estate that includes foreign assets, one of our first jobs will be to contact an appropriate lawyer in the relevant jurisdiction to assist. They should also be able to organise the valuation which will be required for the English estate.

Our recent experience includes:

• dealing with the estate of Dutch nationals who died domiciled in the UK but with Dutch assets in excess of £1million;
• dealing with the estate of a British person who died domiciled in Spain but with assets in Spain and England;
• obtaining a grant of probate to collect an investment portfolio in Jersey.

Deceased Domiciled Overseas

In this case, even if the assets in the UK are small, the full Inheritance Tax return always has to be completed including the supplemental pages relating to foreign domicile. Accordingly, at the outset, we request the relevant information from the family so that HMRC will be able to process the application. We will then look after the probate process, liaising with translators and notaries as necessary in order to recover the asset for the estate.

Our recent experience includes:

• closing accounts in the UK and Malta for a person who died domiciled in Cyprus;
• closing an account for a person who was a Ugandan national;
• closing an account for a person who died domiciled in Israel;
• applying for a grant and collecting a death in service from the NHS for an Italian domiciled person.