International Probate Service
If you are dealing with the estate of a loved one who was a UK national with assets abroad, or a foreign national with UK assets, our international probate team can assist in the process.
In the UK, after someone has died there is a legal process undertaken to administer the estate. This includes collecting information about the assets owned by the person who has passed away, paying any inheritance tax and other debts that may be due and to then call in and distribute the remaining assets to the beneficiaries of the estate. This process is referred to as Probate, and it is undertaken by the Executor when there is a will, or the Administrator when there is no will. The probate process has varying stages, but the most important document is the Grant of Probate issued by the Probate Registry, which is a UK court. It is this document that will be required if the deceased left assets in the UK. It is also known as a Grant of Representation in England or a Grant of Confirmation in Scotland.
Where a person dies owning assets in two or more countries, it is frequently necessary for probate or the equivalent document, to be obtained in both or all countries where the assets are situated. For example, if a person dies domiciled in Holland holding assets in England and Holland, it will be necessary to go through two separate procedures to release the assets. In Holland, the beneficiaries of the Dutch estate will need to obtain a Certificate of Inheritance to enable the Dutch assets 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. When dealing with estates where there is a foreign element, the process to collect assets does vary significantly depending upon a variety of factors. It is necessary to establish the domicile of the person who has died, the country in which they died and to determine whether any formal legal process has been undertaken in that country. International probate happens when the deceased lived in one country but owned assets elsewhere. This applies to: Foreign nationals who owned assets in the UK or elsewhere; UK nationals who owned assets abroad; Ex-pats who still have assets in the UK; People living in the UK whose official home for tax purposes is abroad (non-domiciled residents).
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