International Wills and Overseas Estate Planning
The distribution of assets after death becomes complicated when property is held in many countries. A lawful Will in your original country may be ineffectual or accidentally revoke a vital local document in another.
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Potential Hurdles
When incorporating foreign assets into your estate planning, there are several potentially complex matters you could run into, depending on the country in which you hold those assets. These include:
Forced Heirship
Many Civil Law countries in Europe and the Middle East have rules that specify who receives specific portions of your estate, rather than leaving the decision to your will. This means your UK will may not cover assets in these countries.
Conflicting Laws
Each country has its own laws governing the validity of immovable property, probate, and succession. Some are more complex than others, so it is essential to ensure compliance and understand what is expected in your specific country.
Double taxation
Your estate may be subject to inheritance and estate taxes in both the country in which you reside AND the second country. It’s important to seek professional advice to understand your specific situation, as many countries have tax treaties or exemptions in place.
Integrated International Estate Planning
We provide experienced, cohesive cross-border planning, ensuring a tax-efficient estate and smooth administration for your beneficiaries and loved ones at a time when it matters most. We create a comprehensive estate structure that complies with the law across jurisdictions.
This includes, but is not limited to:
- Determining your legal domicile (not your residence or nationality) establishes the jurisdiction’s laws that apply to your internationally movable assets.
- Examining succession laws in each country where you own property to find conflicts like forced heirship.
- EU Succession Regulation (Brussels IV) Advice. Strategically using a choice of law election to override local succession restrictions for European assets.
- Drafting a set of Wills to ensure each is lawful and enforceable.
- Appointing local legal counsel or a professional executor in each jurisdiction to conduct probate simultaneously, saving time and money.
- Drafting or translating all documents to suit the local law’s strict signature and witnessing requirements.
- Analyse worldwide tax treaties and local estate tax legislation to organise assets to minimise the tax impact on your estate and dependents.
- Advising on legal ownership structures (e.g., joint tenancy, corporation ownership) that may allow property to pass straight to the surviving owner, avoiding costly and lengthy foreign probate.
- Advise on the use of trusts, stressing that many Civil Law countries do not recognise them, and suggest local alternatives.
Why Let Oversee Matters Help You?
Estate planning protects your family’s future and is ongoing. We assemble the entire team, from your home tax accountant to the overseas notary, to ensure uniformity and prevent document revocation. We streamline post-mortem administration to save your beneficiaries years of bureaucracy, translation charges, and costly court files.
You know your carefully crafted legacy will pass without legal or tax issues. Protect your cross-border assets; don’t let foreign laws determine your family’s inheritance. Expert, coordinated oversight protects global assets.
Book your confidential Cross-Border Estate Review with Oversee Matters.
Contact Oversee Probate Matters on 0208 0172 050.
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.