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Understanding cross-border inheritance law, and how legal advice is essential
Arranging how and by whom your overseas estate will be inherited can be a difficult area to navigate. If you or your loved ones are based outside of the United Kingdom (UK), it can be confusing for your beneficiaries to understand how to claim inheritance from another country. It is important to be as informed as possible when discussing your estate planning, which is why it is essential to seek guidance from a multi-jurisdictional lawyer.
In this guide, we explore whether or not you can choose the applicable law in a different country from that in which you live. We will also discuss the rules concerning receiving inheritance if you live outside of the UK, and how an international lawyer can assist.
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Discover which country your estate will be governed in upon your death
Can I choose which country governs my estate? Find out if you can choose which country governs your estate
Which requirements and rules fall under the applicable law in your country
There are various rules to adhere to when retrieving your inheritance from another country
Here’s how a solicitor proficient in your applicable law country can help
Our multi-lingual, multi-jurisdictional lawyers are here to assist you
Common Queries We answer some frequently asked questions
Which country is someone’s estate governed in?
A person’s estate is often governed in the country where they had habitual residence permanently when they died, under the strict laws of succession. The laws of succession in many European countries do not allow for bequests to be made by the individual and in the absence of a will, the estate passes to the family members in the proportions set out in law.
Can I choose which country governs my estate?
It is entirely possible to choose the jurisdiction under which your estate will be disposed of if you were born in the country of the chosen jurisdiction due to European Union (EU) rules and EU Succession Regulation. This applies if you make a will stating clearly the jurisdiction you have chosen to administer your estate.
If you have more than one nationality, you should state which country you wish to govern your estate. Your declaration will be accepted if it meets the requirements of the country where you last lived, or the law of your country of nationality if chosen.
To discuss your options with a lawyer experienced in international law and inheritance, you can get in touch with a member of our team today.
What does the applicable law in my chosen country govern?
The applicable law in your home country will govern all of your assets, from your money to any property you may own. The applicable law can govern who should be liable for any debts you leave behind.
What are the rules concerning receiving inheritance from abroad if I live in the UK?
If your loved one has passed away and you are expecting to receive some inheritance, there are certain factors to consider. If you are UK domiciled, but the deceased lived abroad, you may have to pay inheritance tax depending on the value of the estate and where the deceased’s assets are based.
If the deceased was not UK-domiciled, and their assets are not UK-based, then UK inheritance tax will not apply. However, you should make yourself aware of the laws and taxes in the country where the inheritance is governed. If you are attempting to retrieve inheritance from a foreign country, get in touch with our international lawyers to see how their legal services can help you.
How can an international inheritance lawyer help me?
Dealing with international inheritance can be a difficult area to navigate. Consulting an experienced lawyer familiar with inheritance laws in the country in question will help you understand the applicable law. This can ensure there are fewer complications and less chance of problems occurring further down the line, and any documents can be translated into English for better understanding.
How Giambrone and Partners can help
Giambrone and Partners have a range of experienced, multi-jurisdictional solicitors who can help you navigate your inheritance and help you obtain your share of an estate.
Our lawyers can also help a person living abroad create an airtight will, often under the jurisdiction of England & Wales, enabling all the chosen beneficiaries to receive the assets intended for them.
To find out more, or to book a consultation, please get in touch with us here today.
Common Queries
Is there UK tax on inheritance from overseas?
When someone dies, according to UK law, UK inheritance tax is only paid on their assets in England & Wales. If they lived abroad, the overseas fixed assets are taxed under the overseas jurisdiction.
Do I have to declare inheritance from abroad?
If you inherit money from abroad, you may still be liable to pay inheritance tax; therefore, the value of the estate must be reported to HMRC by anyone responsible for dealing with probate and administering the estate.
What issues could occur when I try to take possession of the inherited assets from abroad?
There are various issues that could occur when trying to inherit assets from abroad, including a mix-up of communication and translation, tax issues and challenges to the will from other loved ones and family members. To prevent these issues from occurring, or to find a way to navigate them, you should seek legal advice before pursuing any case involving inheritance and property from abroad.
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