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February 20, 2013

Probate and Cross-Border Estate Administration

Probate and Cross-Border Estate Administration

When a friend or family member passes away with overseas assets our team is able to quickly and efficiently provide assistance with the administration of their estate in almost every jurisdiction of the world.

Our clients experience a personal service; with a single lawyer being your main point of contact for the administration of the UK and overseas assets, ensuring continuity, co-ordination across jurisdictions, cost-effectiveness and speed of administration.

Our costs are based on the time it takes it us to complete the work, rather than a percentage of the value of the estate, as we believe that this is a fairer way of charging our clients. We always provide our best estimate of the likely costs at the outset.

Our cross-border administration work includes

  • Project managing the UK and overseas successions so that our clients only need a single point of contact for all jurisdictions.
  • 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, by applying, if necessary double taxation conventions.
  • Providing HMRC with a robust analysis of the deceased’s domicile for inheritance tax purposes.
  • Ensuring UK and overseas assets are distributed to the correct beneficiaries under the UK and overseas laws.
  • Advising upon and preparing deeds of variation, for the purposes of post death tax planning from a UK and international perspective. 

We can also provide logistical and administrative assistance, such as

  • Arranging funerals;
  • Arranging the repatriation of the deceased to the UK; and
  • Selling the deceased’s properties.