Foreign property and probate

With summer nearly upon us many will leave the UKlengthen the time taken to administer of your estate.
to holiday at their holiday homes abroad. SecondFrance, for example, has particularly complex
homes (or even third homes) are increasinglysuccession laws which are very different to those in
common both at home and abroad. The ownershipthe UK and if you own property it may not pass to
of foreign assets drastically raises the complexity ofwho you intend it to without expert legal help. Many
your legal affairs, particularly relating to who inheritscountries including France and Germany have a
them and the issue of inheritance tax, as more than‘forced heirship' law which means that regardless
one country's set of rules could apply.of the terms of your Will certain categories of
When someone dies an English Will may suffice inrelations are automatically entitled to a certain
dealing with some foreign assets. But expert legalproportion of the estate. Furthermore, there can be
advice is needed if you own property abroadsignificant tax penalties if you leave assets to
because of probate issues and tax legislation: whatsomeone who is not a family member.
happens to the property depends on the law of thatYou may find yourself as an executor of an estate
country.where foreign property is an issue. How probate is
You may be advised to have a Will in more than onehandled and how the property is dealt with depends
country, however there is the risk that one Will couldon whether there is only an English Will or whether
accidentally revoke the other Will with the upshotthere is a foreign one. This is a complicated area of
that when you die your wishes are not fulfilled.law and you should take expert legal advice from
Some countries have double taxation treaties withwithin the country that the property is held and in
the UK but often properties cannot be transferredthe UK to minimise the risk of problems.
without having probate in the country in which theIf you need assistance with Probate services or
property is. In such cases, the succession law andmaking a will have a look online at the services that
legislation of that country may apply. Consequentlyare available.
the ownership of foreign properties can considerably