The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.
When a friend or family member passes away with overseas assets our team is able to quickly and efficiently help with the administration of their estate in almost every jurisdiction of the world, including those governed by Shari’ah law.
Our cross-border administration involving Shari’ah jurisdictions includes:
- Making Shari’ah and probate court applications (‘Al Mahkamah Al Shari’yah’) in Shari’ah law jurisdictions
- Project managing the UK and overseas successions so that our clients only need a single point of contact for all jurisdictions.
- Arranging the payment of any debts (‘Al Duyun’) owed by the deceased.
- Assessing which laws apply to which assets.
- Working with our preferred foreign legal firms to analyse what work needs to be completed in each jurisdiction.
- Calculating UK tax and submitting UK tax returns where appropriate.
- Applying for a UK grant of probate (to cover the UK assets).
- Instructing and liaising with our preferred foreign lawyers, to calculate tax liability, file foreign tax returns and settle overseas tax liabilities.
- Co-ordinating and assisting with the signing of foreign succession documentation, to facilitate obtaining the foreign equivalent of a grant of probate.
- Co-ordinating UK and overseas taxes to mitigate the consequences of double taxation.
- Providing HMRC with a robust analysis of the deceased’s common-law domicile for inheritance tax purposes.
- Ensuring UK and overseas assets are distributed to the correct beneficiaries under the UK and the laws of the relevant Shari’ah law jurisdiction.
- Advising upon and preparing deeds of variation, or the purposes of post death tax planning from a UK, international and Shari’ah law perspective.