International Will Lawyers – Probate & Resealing

What is an international Will?

An international Will is not a single document, but a coordinated legal strategy involving multiple Wills. Each Will is drafted to comply with the laws of a specific country where you hold assets, ensuring your wishes are legally enforceable everywhere.

Why do I need a Will in each country?

A single Will can be ignored or challenged overseas due to conflicting inheritance laws such as forced heirship. Separate Wills for each jurisdiction prevent legal disputes and protect your global assets.

What is cross-border probate?

Cross-border probate is the court process for administering an estate with assets in multiple countries. It involves different legal systems, languages, and procedures, often leading to delays and higher costs without proper guidance.

What does resealing probate mean?

Resealing probate is the process of making a Grant of Probate from one country legally recognised in another, allowing the executor to manage assets located there.

Can any lawyer handle an international estate?

No. International estates require specialised knowledge of foreign laws and tax treaties. Mistakes can expose executors to liability and result in significant tax penalties.

What are the biggest risks with foreign assets?

Key risks include having a Will declared invalid, assets frozen by foreign courts, and estates reduced by double taxation. These risks are addressed through proper international estate planning.

How does my domicile affect my estate?

Your domicile determines which country’s laws and tax rules apply to your estate. Complex domicile situations can trigger cross-border taxation and require expert analysis.

What is forced heirship?

Forced heirship laws require that a portion of your estate be left to specific relatives, regardless of your Will. These laws are common in many countries and must be planned for carefully.

How do I recover an inheritance from overseas?

Recovering a foreign inheritance usually requires formal legal action to deal with overseas authorities and enforce your rights as a beneficiary.

Will my Power of Attorney work overseas?

Generally not. Powers of Attorney are jurisdiction-specific and usually not recognised internationally, making separate documents necessary in each country.

How long does international probate take?

International probate can take from 12 months to several years, depending on the countries involved and the complexity of the estate.

What if the executor lives in a different country?

An overseas executor often faces legal and logistical challenges, which is why local legal representation is commonly used to manage the process.

Can I avoid probate for my foreign assets?

In some cases, probate can be avoided through structures such as international trusts, allowing assets to pass directly to beneficiaries.

What is asset situs and why does it matter?

Asset situs refers to the legal location of an asset and determines which country has the right to tax it. Misunderstanding situs rules can lead to unexpected tax liabilities.

What if there are conflicting Wills in different countries?

Conflicting Wills can trigger costly legal disputes over which document is valid. A coordinated international Will strategy is essential to avoid this risk.