As families and individuals increasingly build lives and investments across borders, the legal landscape surrounding probate has become more complex.
It is now common for individuals to hold property, bank accounts, pensions, or investments in more than one country. When someone passes away, these international assets can create significant legal and administrative challenges for executors and beneficiaries.
Michelle Seddon, a private client specialist at national law firm Clarke Willmott LLP, is advising clients to seek early guidance when dealing with estates that include overseas assets.
Michelle said: “Cross-border probate often involves navigating multiple legal systems, each with its own inheritance laws, probate procedures, and tax regimes. What applies in England and Wales may not apply in Europe, the United States or other jurisdictions, and misunderstanding these differences can lead to costly delays.
“International probate can feel overwhelming for families at an already difficult time. With the right planning and coordinated legal advice across jurisdictions, many of the risks and delays can be avoided.”
One of the most common complications arises where the deceased made a Will in another country, or where separate Wills exist for different jurisdictions. Determining which document takes precedence and ensuring that one Will does not inadvertently revoke another requires careful legal analysis. In some cases, there may be no Will covering foreign assets at all, adding further uncertainty.
Another key issue is the recognition of a UK Grant of Probate abroad. Some jurisdictions, particularly those within the Commonwealth, may allow a UK Grant to be “re-sealed” so that it can be recognised locally. Others require executors to initiate a full probate application in that country, often involving local lawyers, translated documentation and compliance with unfamiliar procedural requirements.
Tax considerations can also be significant. Estates with international assets may face potential double taxation, with inheritance or estate taxes payable both in the UK and in the country where the asset is located. Although double taxation treaties may provide relief, these rules are complex and require specialist advice. Executors must also contend with the practical challenges of locating and valuing foreign assets, which can be particularly time-consuming where language barriers or differing financial systems are involved.
For executors, early organisation is critical. Identifying every jurisdiction in which the deceased held assets, reviewing whether separate Wills exist, and obtaining advice from lawyers in each relevant country are essential first steps. Where possible, executors should explore whether a UK Grant of Probate can be re-sealed rather than commencing fresh proceedings. Proactive tax planning and clear communication with beneficiaries about potential delays can help manage expectations and reduce the risk of disputes.
Michelle continued: “Careful estate planning can significantly reduce the burden on loved ones. Individuals with overseas interests may wish to consider putting in place separate Wills for different jurisdictions, ensuring specialist advice is taken so that one document does not invalidate another.
“International estate planning structures, such as trusts or lifetime gifts, may also be appropriate in certain circumstances. Maintaining up-to-date records of all foreign assets and reviewing applicable tax treaties between the UK and relevant countries can further streamline the administration process.
“Lawyers can guide executors and beneficiaries through each stage with clarity, ensuring that overseas assets are dealt with efficiently and in full compliance with the relevant laws.”
Speak to our team
Clarke Willmott LLP’s private client team supports individuals, families and professional executors in managing complex estates with international elements, providing clear, practical advice to ensure that cross-border probate is handled with confidence and care. For more information or advice please send an enquiry.
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