Does it really matter where someone dies? Yes, it can do. It really depends on what assets they have and where those assets are, as well as where their permanent home was at the time of their death.
If someone dies on holiday, but all of their estate is in England and Wales, then the fact that they died abroad will not make any difference. Their English Will, or the English Intestacy Rules, will apply to their estate in the same way as if they had died at home.
If someone is living abroad, and they have assets in that country, then it becomes more complicated if they die and are buried or cremated there. They may have Wills in both England and the country where they lived – or the country where they lived may have different Intestacy Rules which state where the assets in that country go (this is often called ‘forced heirship’ in Europe). NB. This post does not deal with foreign estates.
What do I do if there is a foreign Will?
The first thing to do is to get a copy of the foreign Will and, if it has not already been done, get a quality translation so that you understand it fully.
Next, seek advice from a lawyer qualified in the law of the country in question. You need to find out whether or not the deceased person’s English assets are covered by their foreign Will, or whether they are instead covered by an English Will or the English Intestacy Rules.
What if there is only a UK Will?
You will also need to find out whether or not there is a Will prepared in England and Wales, or indeed any other UK nation, and seek advice on what assets it applies to and how it deals with the estate.
If there is an English Will, then the Executor(s) named in that Will can use this to apply for an English Grant of Probate to administer the estate.
There are a number of very important steps to take when applying for Grant of Probate. These are:
1. You must register the death.
2. You must calculate the value of the estate.
3. You must organise the payment of any inheritance tax.
4. You may then file the Probate Application.
5. You must pay the Probate Fees.
A solicitor can help you with all of these critical steps. For more information and to get help and guidance please contact us on 01924 290029.
An executor of a Will is the person (or persons) who have been named in the Will of the deceased as someone who has been given responsibility and authority to deal with the estate of the deceased in accordance with their wishes as documented in their Will.
What if there is no Will at all?
If there is no English Will, and no foreign Will that deals with the English estate, then the appropriate person or people will need to apply for an English Grant of Letters of Administration instead.
Who can apply for this type of Grant differs depending on the circumstances of the particular person who has died and who they have left behind – for instance if they have a surviving husband, wife or civil partner, then that person will be the one who has the best right to apply for the Grant.
There are several sets of rules that apply when there is no Will, and your solicitor will be able to discuss these with you.
How do I deal with the English assets?
If there are no foreign assets, then you simply apply for a Grant of Probate in England, to deal with the English assets, as you would if the person had died at home. You can do this online if you are comfortable dealing with it yourself, or you can seek assistance and advice from an English solicitor.
If there are foreign assets, these would be declared on the application for the Grant of Probate in England. Their value would be included in the estate for tax purposes, but they would not form part of the estate passing under the Grant of Probate. In other words, you would be unable to deal with foreign assets using an English Grant of Probate and would need to seek assistance from a solicitor in the country where the assets are held.
If there are foreign assets and a foreign Grant of Probate (or equivalent document in that country) has already been obtained, then there are two options for dealing with English assets.
- Seek a formal “Re-Seal” of the Grant obtained by the English Probate Court
This option is only available for Grants (or equivalent) issued in certain other countries, which are set out by the Government in three different pieces of legislation. Countries in the EU are included, as well as a number of former British colonies, territories and states. Your English solicitor will be able to tell you if the country where the foreign Grant in your case was issued is included in the list.
- Apply for a separate English Grant of Representation.
The foreign Grant will deal with the foreign assets and the separate English Grant would deal with the English assets.
Want to know more?
For advice specific to your circumstances, please contact one of our specialist solicitors. They will be able to review the situation you are in and advise you on the options available to you and the best way forward.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
