International Probate
Expert International Probate Solicitors
Increasingly individuals have assets in more than one country which can create complex cross border succession and taxation issues on death. Osbornes Law are specialist international probate lawyers and along with our network of international lawyers can help executors handle international assets.
“Jan is highly regarded by other private client lawyers: honestly, she’s the lawyer other lawyers would choose to deal with their own affairs. She keenly identifies the issues to focus on and delivers.”
“Jan Atkinson is responsive, reliable, fair, knowledgeable, experienced in cross-border estates, and very professional.”
Specialist advice in dealing with International Probate
Our team of specialist international probate solicitors have significant experience in dealing with cross-border probate in countries including the UK and Australia, Europe (Germany, Spain, France and Italy), India, Hong Kong, Singapore, The United States and Brazil.
Where a person dies owning assets in two or more countries, it is frequently necessary for probate or the equivalent to be obtained in both or all countries where the assets are situated. For example, if a person dies domiciled in Germany holding assets in England and Germany, it will be necessary to go through two separate procedures to release the assets. In Germany, the beneficiaries of the German estate will need to obtain a Certificate of Inheritance known as an Erbschein to enable the German estate to be released. A separate Grant of Probate, or Letters of Administration if there is no Will, will need to be obtained in England to secure the release or transfer of the English assets.
- Related reading: What to Do When Someone Dies
Resealing a grant of probate
A slightly different process should be followed when a person dies with assets, say, in Australia and England. If a Grant of Representation has been obtained in the relevant Australian state, the Colonial Probate Acts permit the resealing of that Grant in England and Wales. Countries and territories covered by these Acts include New Zealand, Canada, Australia, Hong Kong, Singapore, South Africa, St, Lucia, Jamaica and the Bahamas. Find out more about resealing a grant of probate here.
EU Succession Regulation
Conflicting national laws often apply when a person dies leaving assets in more than one country. Different countries recognise different concepts which influence succession to the deceased’s assets. For example, England recognises the concept of domicile, France, Belgium and Denmark apply the concept of habitual residence and other countries, such as Spain, Portugal, Germany, Austria, the Netherlands and Italy, apply the concept of nationality. The interconnection between these concepts and their application to succession is complex and clients need to ensure that the advisor they appoint has specialist knowledge of the succession rules of each country and how they interact with each other.
To help reduce this complexity within the EU, the EU Succession Regulation (Brussels IV) was introduced. It allows individuals in participating Member States to elect which country’s law should govern the succession of their entire estate—typically the law of their nationality. While this offers greater certainty, especially where forced heirship rules may apply, the interaction between domestic laws and the Regulation remains complex.
Once the client’s domicile, habitual residence or nationality have been ascertained and the situs, i.e. location of their assets is known, then further investigations are necessary to determine whether the relevant countries have one law governing succession to moveable assets and another governing succession to immovables, i.e. a house or flat.
Some countries, such as Spain and Germany, do not recognise the concept of personal representatives or estate administration. When someone dies the heirs usually appear before a Notary to accept their inheritance direct, rather than it being dealt with by Executors or the administrators of an estate, which is what happens in England and Wales.
The concept of forced heirship applies in some countries, in particular France and Germany, where, irrespective of the terms of any Will, certain specified parts of an estate pass to particular beneficiaries, usually the surviving spouse and children.
All of these concepts need to be considered and appropriately applied in relation to international estates, insofar as appropriate. All this is complicated and matters of private international law and conflicts of law may be relevant in such international situations and need to be clarified and fully understood.
According to the European Commission, 450,000 cross-border successions occur in the EU every year, representing an estimated value in excess of €120 billion.
Brussels IV
In an attempt to simplify cross-border successions, new European Union Rules adopted on 4 July 2012 intended to make it easier for European citizens to deal with the legalities of an international Will or succession matter. There is to be a transitional period and most of the new rules are to be applicable to these successions from 17 August 2015.
These new rules of Regulation (EU) No. 650/2012 are designed to ensure that:-
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A succession is treated coherently under a single law and by one single authority;
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Citizens are able to choose whether the law applicable to their own succession should be habitual residence or nationality;
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Parallel proceedings and conflicting legal decisions in more than one country are avoided;
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There is mutual recognition of decisions relating to EU succession;
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A European Certificate of Succession is to be created to enable a person to prove status and rights as a beneficiary or administrator of an estate.
Notwithstanding this, some issues will continue to be governed by national rules and in any event the United Kingdom is not currently intending to subscribe to the European Council’s new rules which are known as Brussels IV. The idea behind them is to make it easier for European citizens to deal with the legal side of an international Will or succession issue, i.e. where the rules of more than one country are relevant. The intention is to provide a single set of rules for determining both jurisdiction issues and the relevant law applicable to cross-border estates, with the deceased’s habitual place of residence at the date of death as the determining factor, thereby making it simpler to settle international succession issues.
More than one will?
Prudent estate planning means that it is often a good idea for there to be one international Will covering the testator’s assets in the country where most of them are situated, with a separate local Will just dealing with the few assets owned in another country. Great care must be taken to ensure that the later Will does not revoke the earlier Will and that there is no conflict between the two. Again, specialist advice should be taken to ensure the appropriate form of Will in each country is drawn up.
How much does international probate cost?
See this page for details of our probate fees.
Why choose our International Probate Solicitors?
Dealing with cross-border probate? Our specialist international probate solicitors have the expertise to navigate the complexities of estate administration across multiple countries. Whether it’s handling assets in the UK, Europe, Australia, or beyond, we ensure your loved ones are supported every step of the way.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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Jan Atkinson is responsive, reliable, fair, knowledgeable, experienced in cross-border estates, and very professional.
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The contested estates team is strong with talented young solicitors doing good quality work
The nimble team acts for a broad range of high-net-worth individuals and families on a variety of complex estate and trust litigation.
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Thank you for managing my case, following a complete fiasco before I contacted Osbornes Law. I know that the work involved was rather complicated, possibly frustrating and often time consuming. I was impressed with your current knowledge of the case when we had the first meeting at your office. I regard a face-to-face meeting as imperative in developing positive relationships. Members of your team, such as Alex and Ella were impressive too, with their efficient, friendly manner of working.
I am grateful for your patience, advice and excellent support at a difficult time. Hopefully it won't be necessary to contact you again regarding this matter! I will definitely use Osbornes Law in the future.Jan Atkinson is an impressive lawyer who knows her way around private wealth dispute matters. She is very experienced in lengthy and fraught disputes and knows how to achieve good solutions for all parties involved. She is very on the ball and works very efficiently.
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My family had the pleasure of Jan Atkinson working with us on the will and probate issues of [my mother's] estate in Camden and Ireland after she passed on last year. Jan and her assistant(s) offered us a fantastic service at a sad time.
"Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"
The team is very caring, experienced and detailed and was clear about the next steps and offered very helpful advice and suggestions
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters
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I would highly recommend Jan Atkinson in any probate matter and Osbornes Solicitors in any other legal matters.
Jan Atkinson is a very proficient lady whom I would highly recommend to anyone involved in probates.
Thanks for all your work and explaining everything so clearly. For any legal matters in the future I would not hesitate in instructing Osbornes.
We have found your service to date as the most informative we have come across.
Jan Atkinson is confident with a straightforward approach. Her practice covers both contentious and non-contentious matters, including wealth planning and estate administration.
I would like to thank everyone in my case for the excellent job!
Accreditations
The Wills & Probate Team View the whole team
Jan Atkinson
Partner
Private ClientSuzanna Baker
Partner
Private ClientKatie de Swarte
Partner
Private ClientElspeth Neilson
Partner
Private ClientJenny Walsh
Partner
Private ClientFlorence Arbuthnott
Senior Associate
Private ClientLesley Boreham
Associate
Private ClientElla Coles
Paralegal
Private ClientJoseph Gunn
Associate
Private ClientRachel Hyneman
Senior Associate
Private ClientView the
whole team
