If you die abroad having left a legal and valid Will, it makes sense that your estate will be distributed according to your Will. However, if that Will was made in a different country, then the rules of that country can apply to the distribution of the estate.

Domicile

Each of us has what is known as a domicile; a country of residence that we refer to as home. In most cases this is simple to ascertain; someone born in England who has always lived in England will have England as their domicile. However, if that person bought a property in another country and spends a certain amount of time there, it could be considered their domicile – you can only have one in the eyes of the law.

As more and more of us seek to while out our days in the sunshine, the risk of these complications increases as it is far more challenging to track down beneficiaries to a Will when multiple countries are involved. So long as a valid and legal Will is in place, that itself can state whether the law of another country applies. The troubles occur when someone dies without a Will; in that circumstance the rule of ‘habitual residence’ applies automatically and is governed by the place in which the deceased was living.

This can be particularly challenging because if someone dies while domiciled abroad with assets or property in another country, it must be decided who is entitled to take a grant of probate to administer the estate. In many cases financial institutions will only accept a grant of probate of their country and may not release funds or information until they have seen evidence of this.

The best way to avoid these potential difficulties is to ensure that you make a legal and valid Will including any country in which you own immovable assets; i.e. property. A foreign Will is considered valid in most countries if it complies with the law of the country where the testator was domiciled at the time the Will was executed or at the time of their death, or if the testator was habitually resident at the time of death or if the testator was a national at the time of the death.

In cases where there is no valid Will, all assets will be dealt with and distributed according that the country’s intestacy laws in which they are situated. The law surrounding these situations can be tremendously complex and it is not advisable to try and deal with it without proper legal advice and support.

For free advice to help you make the right decisions, please contact us

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