International families can leave behind estates which do not fit neatly within one legal system.
Anthony had spent significant periods of his adult life in more than one country.
He owned a home and investments in England, together with property and financial assets overseas.
Following his death, his family identified two testamentary documents.
One had been prepared in England. The other had been made several years later overseas.
The family initially assumed that the later document must simply have replaced the earlier will.
The position was more complicated.
The documents had been drafted using different legal terminology. The overseas document appeared to deal expressly with some assets but was less clear about others. There were also questions about Anthony’s domicile and the succession rules applicable to different parts of his estate.
Taking steps in England without understanding the overseas position risked creating additional problems.
Working out which law answered which question
The first task was therefore not litigation.
It was coordination.
Advice was obtained in the relevant overseas jurisdiction and considered alongside the English probate position.
That allowed the family to understand how the two documents interacted, which assets each was capable of dealing with and what grants or equivalent authority would be required to administer the estate.
Only then could the administration proceed coherently.
The existence of two wills had initially looked like evidence of a fundamental contradiction.
Once the documents were considered within their respective legal contexts, the position was considerably more manageable.
What legal issues arose?
Cross border estates may require consideration of:
- Domicile.
- The validity and effect of foreign wills.
- Whether one testamentary document revokes another.
- Which succession rules apply to particular assets.
- Foreign grants and resealing.
- Coordination between lawyers in different jurisdictions.
- Tax and administration issues.
What can we learn?
The most obvious answer is not always the correct one in an international estate.
A later will does not necessarily dispose of every asset worldwide or automatically make every earlier testamentary document irrelevant.
The danger is often acting too quickly in one jurisdiction before understanding the consequences elsewhere.
Good cross border administration begins by establishing the complete picture.
When an Estate Crosses Borders: Which Will Applies?
Cross-border estates can involve competing wills, different succession rules and assets governed by more than one legal system. Taking action in one jurisdiction before understanding the wider position can create unnecessary complications.
If you are dealing with an international estate, foreign assets or wills made in different countries, contact our international probate solicitors for advice on coordinating the estate and protecting your position across jurisdictions.
