When someone passes away with assets in more than one country, the estate administration process becomes significantly more complex. Different legal systems, tax rules and succession laws may apply to different assets, and without coordinated advice, delays and costly mistakes can follow.
Our international probate solicitors manage both the UK and overseas elements of cross-border estates, working alongside trusted foreign lawyers and authorities on your behalf. Whether you are an executor dealing with assets abroad, a family navigating foreign probate for the first time or an overseas lawyer needing UK probate support, we provide step-by-step guidance that keeps things moving.
About International Probate
International probate is the process of administering an estate where assets are held in more than one country. This might involve a UK resident who owned property overseas, a foreign national with investments or bank accounts in England and Wales, or a family with connections to multiple jurisdictions.
Each country applies its own rules on succession, tax and estate administration. In England and Wales, the law of the deceased’s domicile generally governs how moveable assets such as money and investments are distributed. Immoveable assets such as property are governed by the laws of the country where they are located. These rules can interact in unexpected ways, particularly where forced heirship provisions or foreign matrimonial property regimes apply.
A UK Grant of Probate or Letters of Administration will usually be needed to deal with assets held in England and Wales, even if the deceased lived abroad. Separate legal steps may be required in each overseas jurisdiction where assets are held.
Getting the right advice early helps avoid conflicting instructions between jurisdictions and keeps the administration on track. Our probate and estate administration team works closely with our international probate specialists to provide joined-up support across the full process.
Our international probate services cover the full scope of cross-border estate administration, from initial advice through to final distribution of assets.
Contact UsWhere a person who lived overseas held assets in England and Wales, a UK Grant of Probate or Letters of Administration will usually be required. We handle the full application process, including preparing the necessary court forms, arranging for affidavits of foreign law where needed and liaising with the Probate Registry on your behalf.
We routinely act for overseas lawyers and families who need a UK probate specialist to manage the English side of a cross-border estate.
International estates often require legal work in several countries at the same time. We act as your single point of contact, coordinating with foreign lawyers, tax advisers and financial institutions to keep the administration progressing across all jurisdictions.
This includes identifying which succession laws apply to each asset, establishing the correct sequence of applications and managing timelines so that work in one jurisdiction does not hold up progress in another.
The UK Inheritance Tax position on cross-border estates depends on the deceased’s domicile status and where their assets were located. A person who was UK domiciled at the date of death may be liable to UK Inheritance Tax on their worldwide assets. A person domiciled abroad will generally only face UK Inheritance Tax on assets situated in England and Wales.
We advise executors and families on their UK tax obligations, including the application of double taxation treaties, deemed domicile rules and available reliefs. Where estates involve both UK and overseas tax liabilities, we work alongside international tax advisers to minimise the overall burden. Our trusts and tax planning team provides additional support on more complex arrangements.
Where a Grant of Probate has already been obtained in a Commonwealth jurisdiction or a country with reciprocal arrangements, it may be possible to have that grant resealed in England and Wales rather than applying for a new UK grant. This can simplify and speed up the process of accessing UK assets.
We advise on whether resealing is available in your circumstances and manage the application on your behalf.
Planning ahead can significantly reduce the complexity and cost of administering an international estate. We advise on structuring Wills to cover assets in different jurisdictions, the interaction between UK and foreign succession laws and how to minimise future Inheritance Tax exposure across borders.
Where a person holds property or investments in more than one country, a carefully drafted Will that takes account of each jurisdiction can prevent conflicts between legal systems and avoid the risk of assets passing under intestacy rules that do not reflect your wishes.
Advice
If the estate you are dealing with includes assets outside the UK, or if you are an overseas executor with UK assets to administer, specialist advice is likely to be needed.
Without coordinated legal support:
Even where the international element appears straightforward, the interaction between UK and foreign law can create unexpected complications. Early advice from an international probate solicitor helps you understand what is required in each jurisdiction and plan the most efficient route through the process.
We can help you assess what needs to be done and coordinate the work from start to finish.
Why Choose Us
Proven experience with cross-border estates
Our team regularly manages estates involving assets in multiple countries. We understand how different legal systems interact and how to keep complex administrations moving without unnecessary delays.
A single point of contact
International estates involve coordination between lawyers, tax advisers and institutions in different countries. We manage all of this on your behalf, so you have one team keeping track of progress across every jurisdiction.
Trusted network of overseas lawyers
We work with established contacts in key jurisdictions worldwide. Roche Legal is a STEP Employer Partner, and our team includes STEP-qualified practitioners, giving access to a global network of specialists in trusts, estates and cross-border succession matters.
Clear advice on tax and succession
We provide straightforward guidance on UK Inheritance Tax, domicile, double taxation treaties and the interaction between UK and foreign succession rules, helping you avoid costly mistakes.
Your Questions Asked
International probate refers to the administration of an estate where assets are held in more than one country. It involves navigating the legal, tax and procedural requirements of each jurisdiction to collect and distribute assets to the correct beneficiaries.
In most cases, yes. If the deceased held assets in England and Wales, a UK Grant of Probate or Letters of Administration will usually be required, regardless of where they lived. The type of grant and the supporting documents needed will depend on the deceased’s domicile and the nature of the assets.
Timescales vary depending on the number of jurisdictions involved, the types of assets and whether any complications arise. International estates typically take longer than purely domestic matters because of the need to coordinate work across different countries. We keep you informed of progress at each stage and work to avoid unnecessary delays.
Residence is where a person lives. Domicile is a broader legal concept that refers to the country a person treats as their permanent home. For UK Inheritance Tax purposes, domicile determines whether the deceased’s worldwide assets or only their UK assets are subject to tax. The two are not always the same, and the distinction can have significant financial consequences.
In some cases, a grant obtained in a Commonwealth country or a jurisdiction with reciprocal arrangements can be resealed in England and Wales. This avoids the need for a full new application. We can advise on whether resealing is available in your situation.
It is not uncommon for a person to have separate Wills covering assets in different jurisdictions. Where multiple Wills exist, care must be taken to check that a later Will does not accidentally revoke an earlier one. We work with foreign lawyers to review all testamentary documents and confirm which applies in each jurisdiction.
UK Inheritance Tax may apply depending on the deceased’s domicile status and the location of their assets. Overseas tax may also be due in countries where assets are held. Double taxation treaties exist between the UK and some countries, which can prevent the same assets being taxed twice. We advise on the UK tax position and coordinate with overseas tax advisers where needed.
If you live abroad and hold assets in England and Wales, having a UK Will drafted by an English solicitor can simplify the administration of your estate and reduce delays. It is important that any UK Will is drafted to work alongside your foreign Will without revoking it. Our Wills team and international probate specialists work together on these instructions.
Resources
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