Oversee Matters
Do you need help dealing with a matter outside of the UK? Perhaps you are buying or selling a property, maybe you are dealing with the affairs of someone who passed away? We can help you from property, to probate and all personal aspects of a legal nature outside of the UK
Services Brochure
Oversee Matters have a wealth of experience in matters of foreign probate, resealing a UK Grant of probate, share transfers, property sales, repatriation of assets, wills as well as legalising documents for overseas use via the Foreign and Commonwealth office or perhaps the Embassy.
From Europe, the Americas, Asia and Australia & New Zealand we have the legal partners who can assist. Whether you need an Attorney, Lawyer, Notary or Real estate agent let us know, we have partners and agents across the globe who could could assist. We’ve done the leg work so you don’t have to.
Need Help? Call us using one of the numbers below.
Our Expertise
Oversee Matters have a wealth of experience in matters of foreign probate, as specialist probate practitioners we a fully conversant with overseas laws regarding probate applications, wills, intestate death, inheritance tax liability and the retrieval of assets from abroad.
Complete Overseas Probate Service
Let Oversee Matters take care of the entire process on your behalf. We have the facilities and overseas contacts to deal with your case; enabling you the best possible chance of a smooth, swift resolution.
Medallion Stamp Guarantee
We can take care of the legal requirements to access stocks and Shares in the USA. For further details please visit our Medallion Guarantee page.
Foreign Wills
If you have made a will outside the UK and you are required to follow the probate process abroad, we would be happy to assist.
The Pitfalls of Overseas Probate
The process is extremely lengthy; it can take 1-2 years until beneficiaries receive inheritance from abroad. The worst part is; countries that are popular places for British to buy holiday homes or retire to such as France or Spain are often the most difficult to deal with, as they have such different legal systems.
If there are assets abroad, legalities must be reconciled between the UK and the country the assets are held. This involves a variety of different procedures:
The executors must be formally recognised as executors by the authorities in the country which the assets are held, all official documents, such as the Will need to be translated and officially recognised by the other country, If there is a foreign will this has to be validated and in cases where there is a UK and an overseas will, one must not revoke the other.
Is the domicile of the deceased questionable?
This has implications with regards to inheritance law and tax.
Many European countries have a system of ‘forced heir-ship.’ This means a significant proportion of the estate has to pass to a blood relative, unless you can prove that British laws of inheritance ought to take precedence.
Obtaining a
Grant of Probate and Resealing Probate
You may have applied for Probate overseas and the deceased has assets in the UK. Providing the country falls within the Probate Colonials Act, the overseas probate grant can be formally resealed by the UK by the Probate Registry. This means the estate avoids having to formally apply for probate again.
If you are dealing with a UK estate with overseas assets, you may be required to either obtain probate or reseal the existing Grant of Probate in the country where the assets exist. This depends on the laws of the country where the assets are held for example, under Jersey probate law, you’ll require a new grant.
Inheritance Tax
UK Resident with Assets Abroad
If the deceased resided in the UK, inheritance tax is applied to worldwide assets. You may also have to pay inheritance tax in the country where the assets are situated. This is unless you’re entitled to relief where there is a double tax treaty in place.
Domiciled Overseas
Tax is payable on assets situated in the UK that exceed the nil rate band. If tax has already been paid in the country the deceased resided in, a ‘double tax treaty’ may apply to prevent having to pay tax again in the UK.
Overseas probate and inheritance tax laws differ depending on which country is involved. For example; Spanish inheritance tax is payable if either the beneficiary is resident in Spain or, if the asset is property. Unlike in many other countries there is no exemption for the spouse of the deceased. As in Spain, French inheritance lawmeans tax is applied to the beneficiaries rather than the estate. Under Polish inheritance law, the percentage IHT depends on the relationship of the beneficiary to the deceased.
In cases of foreign probate it is recommended you seek legal assistance. Oversee Matters offer free help and advice, contact us now.
Our Services
Overseas Probate
Oversee Matters provide an overseas bankruptcy search service, covering many different countries such as Spain, USA, France, Germany, Netherlands, Australia and many many more countries.
Medallion Guarantee
If you require a Medallion Guarantee Stamp for the transfer or transfer and sale of a North American asset then we can provide this service, we can cover up to $5 million USD, please contact us for a no obligation quote.
Resealing Probate
If a relative has died abroad but still has assets in the United Kingdom or you’re dealing with an estate where there are overseas assets, a probate reseal will be required if the other country is part of the Colonial Probate Act.
Overseas Bankruptcy Search
Are you dealing with an estate which has beneficiaries located overseas? You must check that they have not declared Bankruptcy Overseas and that they are fully entitled to the Inheritance. Call us for a no obligation quote.