Dealing with an estate is rarely straightforward, but the process becomes even more complex when assets are held in more than one country.
International property, overseas investments or foreign bank accounts are all subject to different legal and tax rules, and this can create delays, disputes and unexpected costs if not handled carefully.
Which laws apply?
Each country has its own probate process. Some will not recognise a Grant of Probate from England and Wales without further validation, and in many cases local lawyers or notaries must be appointed. Understanding these requirements early on helps avoid unnecessary delays.
Are there multiple Wills?
It is common for people with international holdings to have more than one Will – one covering their UK estate and another for assets abroad.
If properly drafted, this can simplify administration. However, if the documents are not well coordinated, they may contradict each other or leave some assets unaccounted for.
Do succession rules restrict freedom?
Unlike in England and Wales, many countries apply “forced heirship” laws which require certain family members to inherit fixed shares of the estate. These rules can override the terms of an English Will in respect of local assets.
Where are the tax liabilities?
Inheritance Tax will usually apply in the UK if the deceased was domiciled here, but other countries may also impose estate or succession taxes.
While some countries have double taxation treaties with the UK, many do not. Early advice is vital to prevent unnecessary tax exposure.
Will probate be recognised?
Some jurisdictions allow a UK Grant of Probate to be “resealed” locally, speeding up the process. Others require a full local probate application, which may involve translations, court procedures and extra costs.
What about foreign currency?
Exchange rate fluctuations and transfer charges can reduce the value of overseas assets once they are converted and repatriated. Careful planning can help preserve value for beneficiaries.
Expert guidance for cross-border estates
International estates bring added layers of legal and tax complexity. Our specialist private client team at Palmers is experienced in managing these challenges and, as a firm licensed to deal with the probate process, we can support executors and families with clear, practical advice.
If you or a loved one hold assets abroad, it is important to plan ahead to protect your estate and your beneficiaries.