What happens if the Deceased died outside the UK but still left assets in the UK ? how easy is it to obtain the release of those assets and what procedure needs to be followed ? the answer lies in the Country of the Deceased’s Domicile ie. where he/she was living.
If the Deceased died in a former commonwealth Country such as Australia or New Zealand, then an application for Resealing Probate from the overseas Country can be made in the UK. We regularly assist in resealing applications.
By contrast if the Deceased died in Country not suitable for resealing the procedure can be very complex for a number of reasons:-
- it is important to appreciate that the term probate is largely unique to the UK for example there is no such thing in Germany.
- Understanding the foreign inheritance process can be very difficult as lots of countries law’s are unlike those in the UK, with some Countries like Spain, and Sweden having forced heirship rules which provide very specific rules about who can inherit.
- Inheritance tax. Which Countries laws will apply in the UK ? the country of domicile or the UK’s ?this can be very important if differing tax rates apply.
- The requirement for an affidavit of foreign law – this is a legal document clarifying the overseas inheritance laws for the UK Courts
As a firm specialising in International probate we regularly assist foreign lawyers, Administrators and Beneficiaries release assets in the UK. If you need help, call us on 00441482 638 564 or e-mail tim.murden@tmsolicitors.co.uk
