International probate and estates with overseas assets
If someone close to you has died and they owned property, money or other assets in more than one country, dealing with their estate can be far more complicated than a standard probate matter.
Whether they lived abroad but retained assets in England and Wales, lived in the UK but owned property overseas, or had financial affairs spread across different countries, there are often additional legal steps that need to be taken. Different countries have different probate processes, legal systems and requirements, which means what has already been completed in one country may not automatically be recognised in another.
Understanding which process applies, and when, is often the key to avoiding unnecessary delays and ensuring the estate is administered correctly.
From our base in Plymouth, we support clients across Devon, Cornwall and further afield who are dealing with international probate and cross-border estates. We explain what needs to happen, guide you through each stage of the process, and help make what can feel like a complicated situation much easier to manage.
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What is international probate?
International probate is the process of administering an estate where the person who has died had assets, property or legal connections in more than one country.
This might include someone who lived abroad but owned property in the UK, someone who lived in England and Wales but held assets overseas, or an individual who divided their time between different countries during their lifetime. International probate can also arise where people have dual nationality or where family members involved in administering the estate are based in different parts of the world.
Unlike a straightforward probate matter involving a single legal system, international probate often means dealing with more than one jurisdiction. Each country has its own laws, probate processes and requirements, and a Grant of Probate issued in one country does not usually give executors authority to deal with assets in another.
As a result, international probate often involves more than obtaining a Grant. It requires an understanding of how different legal systems interact, what needs to happen in each country, and how to ensure the estate is administered correctly as a whole. Taking a clear and coordinated approach from the outset can make a significant difference to how smoothly the process progresses.
At Nash & Co Solicitors, we regularly advise executors and families dealing with international probate, helping them understand the legal position and ensuring the estate is administered correctly across borders.
Common situations where international probate arises
International probate can arise in many different circumstances. Some of the most common include:
Someone who lived abroad but still owned property, bank accounts, investments or other assets in England and Wales.
Someone who lived in England and Wales but owned property, investments or financial interests overseas.
A British national who retired abroad but retained assets in the UK.
Someone who spent significant periods living in different countries during their lifetime.
Estates involving assets located in more than one country.
Probate has already been completed overseas, but further legal steps are needed before UK assets can be dealt with.
Estates where executors, beneficiaries or close family members are based in different countries.
Every international estate is different. Identifying where assets are located, which countries are involved and which legal processes apply at an early stage can help avoid unnecessary delays and provide a much clearer route through the administration of the estate.
Can probate be dealt with in more than one country?
Yes. In fact, where someone owned assets in more than one country, it is often necessary for probate to be dealt with in more than one jurisdiction.
Each country will usually require its own legal process before assets held there can be collected, transferred or distributed. It is therefore quite common for executors to deal with probate in different countries at the same time, or in a particular sequence depending on the circumstances of the estate.
In some situations, a Grant issued in one country can be recognised in another through a process known as resealing. Where this is available, it can simplify matters by allowing the original Grant to be used in more than one jurisdiction. However, this is only possible where the legal systems are compatible and the country issuing the Grant is recognised by the courts in England and Wales.
Where resealing is not available, separate probate applications will usually need to be made in each country. Although this can seem repetitive, it reflects the fact that each country has its own legal system and its own requirements for administering estates.
Understanding which route applies, and how the different legal processes interact, is often the key to avoiding unnecessary delays and ensuring the estate can be administered as efficiently as possible.
At Nash & Co Solicitors, we help clients establish the correct approach from the outset, explain how the different jurisdictions fit together, and ensure the various parts of the estate are managed in a coordinated and practical way.
call Speak to one of our friendly Probate Solicitors on 01752 827067
What happens if someone living overseas owned assets in England and Wales?
If someone lived overseas but owned assets in England and Wales, a UK probate process will usually be required before those assets can be dealt with.
This may include property, bank accounts, investments or other financial interests held in England and Wales. Even where probate has already been completed in the country where the person lived, that Grant will not usually be recognised automatically by the courts here.
In some cases, it may be possible to reseal the overseas Grant so that it can be used in England and Wales. Where this is available, it is often the simplest option because it allows executors to rely on the Grant that has already been obtained overseas.
However, resealing is only possible where the original Grant has been issued in a country recognised by the courts in England and Wales. Where resealing is not available, a new Grant of Probate or Letters of Administration will usually need to be obtained through the English courts. This involves a separate application, even if the estate has already been administered overseas.
At Nash & Co Solicitors, we regularly help executors in this situation. We explain how overseas probate interacts with the legal requirements in England and Wales, advise whether resealing is available, and guide you through the most appropriate process.
What happens if a British national dies overseas with UK assets?
It is increasingly common for British nationals to retire or spend extended periods living overseas while retaining assets in England and Wales.
If someone dies in these circumstances, their estate may still need to go through a UK probate process before property, bank accounts, investments or other UK assets can be dealt with. Even where the estate is being administered in the country where they lived, organisations in England and Wales will usually require a Grant that is recognised here before those assets can be accessed or transferred.
The process will depend on whether probate has already been granted overseas and whether that Grant can be recognised in England and Wales. In some situations, resealing may be possible. In others, a separate UK application will be required.
These estates can become more complex where there are additional considerations, such as tax obligations in more than one country or differences in how assets are treated under local law. Taking a coordinated approach from the outset can help ensure that one part of the process does not create unnecessary complications elsewhere.
At Nash & Co Solicitors, we regularly assist executors dealing with estates of this nature. We explain the options available, establish whether resealing is possible, and ensure the correct UK process is followed from the outset.
Find out more about Resealing a foreign grant of probate
Why is international probate more complicated?
Although the principles of probate are broadly similar, international estates often involve additional legal and practical considerations that need to be managed carefully.
Each country has its own legal framework, probate process and documentation requirements. What is accepted in one jurisdiction may not meet the requirements of another, which can affect how applications are prepared and how long they take to complete.
There may also be tax considerations in more than one country. Depending on where the person lived, where they were considered domiciled and where their assets are located, inheritance tax or equivalent taxes may apply in more than one jurisdiction. Understanding how these rules interact is important to avoid unexpected liabilities and help ensure the estate is administered efficiently.
Practical issues can also arise. Assets may be held in different currencies, valuations may need to be prepared in different ways, and the timescales for probate can vary between countries. It is also common for executors to need to communicate with financial institutions, government bodies and professional advisers in more than one jurisdiction.
Taken together, these factors mean that international probate requires careful planning and coordination from the outset.
At Nash & Co Solicitors, we understand how these different elements fit together. We help clients manage the UK aspects of the estate while working alongside overseas advisers where required, helping the administration of the estate progress as smoothly as possible.
How can Nash & Co Solicitors help with international probate?
International probate can feel overwhelming, particularly if you are trying to understand how different legal systems fit together while also dealing with the loss of someone close to you.
Our role is to take what can feel like a complex international estate and make the process as straightforward and manageable as possible.
We begin by building a clear picture of the estate, including where assets are held, what steps have already been taken and which countries are involved. This allows us to establish what needs to happen in England and Wales and how that fits alongside any overseas probate process.
We then explain everything in plain English, so you understand the legal position, the steps involved and the likely timescales. Where appropriate, we can deal with the UK probate process on your behalf, including preparing applications, dealing with the Probate Registry and liaising with other organisations involved in the administration of the estate.
Where overseas advisers are already acting, we can work alongside them to help ensure that the different parts of the estate are managed in a coordinated and consistent way.
Our aim is to give you clarity, reduce uncertainty and help the administration of the estate move forward as smoothly as possible.
If an estate involves more than one country, it is sensible to seek legal advice as early as possible.
Many delays arise because the wrong process is followed at the outset or because assumptions are made about whether a Grant issued overseas can be used in England and Wales. It is not always obvious how different legal systems interact, and decisions made at an early stage can sometimes create unnecessary complications later in the administration of the estate.
Early advice can help establish which probate processes are required, whether resealing is available, and whether there are any additional tax or reporting requirements that need to be considered.
Even if you are not yet sure which legal process applies, an early conversation can provide clarity, help you understand your options and give you a clear plan for moving forward.
When should you seek advice about international probate?
Speak to our international probate team
If you are dealing with an estate that involves more than one country, or you are unsure whether probate is required in England and Wales as well as overseas, we recommend speaking to one of our experienced probate solicitors.
International estates are rarely straightforward, and relatively small details can affect the legal process that needs to be followed. Understanding the correct approach at an early stage can help avoid unnecessary delays and give you confidence that the estate is being administered properly.
Our team has extensive experience of international probate and cross-border estates. We will take the time to understand your circumstances, explain your options in straightforward language and give you practical advice about the next steps.
If you decide you would like our support, we can guide you through the process or deal with the UK aspects of the estate on your behalf. If not, you will still leave with a clearer understanding of your position and what needs to happen next.
You are always welcome to get in touch for an initial conversation. There is no pressure to proceed, just clear, practical advice to help you move forward.
You can reach our team on 01752 827067 or by emailing probate@nash.co.uk
Frequently Asked Questions
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International probate is the process of administering an estate where the person who has died had assets, property or legal connections in more than one country. This can involve separate probate processes in different jurisdictions, depending on where assets are located and the laws that apply in each country.
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An estate is generally considered international when it has connections with more than one country. This might be because the person who died lived overseas but owned assets in England and Wales, lived in the UK but owned property abroad, or held financial interests in multiple countries.
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Yes. If someone owned assets in more than one country, probate often needs to be dealt with separately in each jurisdiction. Every country has its own legal system and probate requirements, so authority granted in one country does not automatically allow executors to deal with assets elsewhere.
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If someone lived overseas but owned property, bank accounts, investments or other assets in England and Wales, a UK probate process will often be required before those assets can be dealt with.
In some circumstances, an overseas Grant of Probate may be recognised through a process known as resealing. Where this is not possible, a separate application to the courts in England and Wales will usually be required.
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after moving abroad.
Even if probate has already been completed overseas, additional legal steps are often required before UK assets can be administered. The correct approach depends on the circumstances of the estate and whether the overseas Grant can be recognised in England and Wales.
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Sometimes.
In certain circumstances, an overseas Grant can be recognised in England and Wales through a legal process known as resealing. Where resealing is available, it can avoid the need for a completely new probate application.
However, not every overseas Grant can be resealed, so it is important to establish which process applies to your circumstances.
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No.
Whether probate is required in England and Wales depends on the assets involved and the legal process that applies to the estate. Some estates will require a UK probate application or the resealing of an overseas Grant, while others may not.
Obtaining legal advice at an early stage can help establish what is required.
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International probate often involves different legal systems, probate procedures and documentation requirements.
There may also be tax considerations, overseas assets, different timescales and multiple organisations involved in administering the estate. Bringing these different elements together requires careful planning and coordination to ensure the estate is administered correctly.
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It can do.
Timescales often depend on the countries involved, the type and location of the assets, and whether probate is required in more than one jurisdiction. Where multiple legal processes need to run alongside one another, administering the estate may take longer than a purely domestic probate matter.
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International estates can involve tax considerations in more than one jurisdiction.
Whether tax is payable depends on the circumstances of the estate, including where the person lived, where they were domiciled and where their assets are located. As every estate is different, it is important to understand the position at an early stage.
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It is advisable to seek legal advice as soon as you become aware that an estate has international elements.
Early advice can help establish which legal processes apply, whether an overseas Grant can be recognised in England and Wales, and whether there are any additional legal or tax issues that need to be considered. Addressing these points early can help avoid unnecessary delays later in the administration of the estate.
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