International Probate

When referring to International Probate we look at two different situations:

1) Assisting Executors who live in a different country than England or Wales

2) Assisting Executors with Probate for people who own property or assets in countries other than England and Wales

1. Assisting Executors who live in a different country than England or Wales

Our highly experienced staff are more than capable of dealing with all aspects of administration of a deceased person’s estate even if the executors are based in another country, as almost all aspects can be dealt with through phone calls and emails. In some cases it can be helpful for the executor to go through the deceased’s paperwork and files in order to establish an understanding of the estate, but if this is impossible our staff can be instructed to visit premises or property in order to obtain the paperwork, and this can be stored securely with us, or dealt with by your solicitor if it is impossible for you to make the trip to the UK.

While in many cases the bereaved family might want to visit the home of the deceased and look through belongings, personal effects and family heirlooms, in cases where the family or executors live abroad this can be difficult, particularly if they are only visiting briefly for the funeral. We can arrange document retrieval serves and house-clearance as well as valuation and managing the sale or letting of the property on your behalf.

In order for Probate to be granted, the executor(s) of the estate must sign an official Oath either at the Probate Registry or with a Commissioner of Oaths. We can arrange for this to be sent to a solicitor or notary to be signed in your country of residence.

2. Dealing with an estate where there are foreign assets

When someone dies owning assets in a country outside other than England and Wales, or in several different countries, it can make the administration process more complicated. Many countries have different laws when it comes to inheritance, and in some cases it may be necessary to obtain a separate Grant of Probate or equivalent in several different countries. We recommend that in these circumstances it can make a lot of sense to use legal representation in the country where the asset is held, as they will be specialists in that particular country’s laws. We can assist in finding appropriate local solicitors all over the world, and ensure that they all work together to make the process as smooth and trouble-free as possible.

These situations can increase the amount of time it takes to complete the process, with normal probate taking anywhere between 3 months and 2 years, in situations with foreign-held assets this time-scale can be increased due to the amount of paperwork that must be sent to different countries, signed and returned. Rest-assured we do everything we can to keep the process moving as swiftly as possible, including using tracked international document courier services.

Probate Translation Services

When international assets are being administered there is often the need for a range of critical documents such as Death Certificates and Wills to be translated into different languages. In many cases both the original document and the translated version will need to be sent to the institutions where the deceased’s assets were held. We can arrange for fully certified and stamped translations to be made of any necessary documents in order to keep the process moving as swiftly and efficiently as possible.

Probate Resealing

As more and more people choose to spend their retirement in warmer climes, or move abroad to spend time with family or friends, there has been an increase in the situations where a person dies overseas but leaves assets registered in England and Wales. The authority to administer these kinds of estates is conferred by a Grant of Representation from the country in which they lived, but if they also owned assets in England or Wales they may need to obtain authority from the UK Probate Registry to deal and distribute those assets by ‘resealing’ a foreign grant. Details of how this is achieved varies from country to country, and can be simpler when dealing with former Commonwealth countries; rest-assured we’re here to help with all details of resealing or working internationally.