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International Estates

Probate for Overseas Assets

When an estate includes property, bank accounts or investments held abroad, UK probate alone is rarely sufficient. We guide executors through the complexities of international estate administration.

Key principle: immoveable vs moveable assets

Land and property abroad is always governed by the law of the country where it is situated — UK probate does not extend to foreign land. Moveable assets (bank accounts, investments) are generally governed by the law of the deceased's domicile, which for most UK residents means UK law applies worldwide.

Types of Overseas Assets

Different types of overseas assets are treated differently in law. Understanding the distinction is essential to planning the administration correctly.

Foreign Property

Property owned abroad — whether a holiday home in Spain, France or Portugal, or an investment property elsewhere — is subject to the law of the country where it is situated. UK probate does not automatically extend to foreign land.

Local probate proceedings are usually required in the country where the property is located.

Overseas Bank Accounts

Foreign bank accounts are generally treated as moveable assets and may be governed by the law of the deceased's domicile (usually the UK). However, individual banks have their own requirements and some will insist on local legal process.

Many European and US banks will release funds on production of an apostilled UK grant of probate.

Foreign Investments & Shares

Shares in foreign companies or investments held through overseas platforms may require local legal process to transfer. The position depends on whether the shares are registered in the deceased's name and the rules of the relevant country.

Some countries treat share transfers as immoveable property — requiring local probate.

Vehicles & Personal Effects Abroad

Vehicles, boats and personal effects located overseas are generally treated as moveable assets. In most cases these can be dealt with under UK probate, though local requirements vary.

A certified and apostilled copy of the UK grant is usually sufficient for moveable assets.

Foreign Business Interests

Shares in foreign private companies, partnership interests or sole trader businesses abroad require careful analysis of both UK and local law. Business succession planning is particularly important for cross-border estates.

Double taxation treaties may affect how foreign business assets are taxed in the UK.

Cryptocurrency & Digital Assets

Cryptocurrency and digital assets have no fixed location. UK HMRC treats them as UK-sited assets for domiciled individuals. However, accessing them requires the private keys — which must be identified and secured early in the administration.

Digital assets should be identified and secured immediately to prevent loss.

How International Probate Works

The process for dealing with overseas assets follows a broadly consistent pattern, though the detail varies significantly by country and asset type.

01

Identify all overseas assets

A full inventory of overseas assets must be compiled — property, bank accounts, investments, vehicles and any other assets held abroad. This often requires correspondence with foreign institutions and may need local legal assistance.

02

Determine domicile

Domicile is the key concept in international estates. If the deceased was domiciled in England and Wales, UK law governs their moveable assets worldwide. Immoveable assets (land and property) are always governed by the law of the country where they are situated.

03

Obtain UK grant of probate

In most cases, a UK grant of probate or letters of administration is obtained first. This is then apostilled (authenticated for international use) and sent to the relevant foreign jurisdiction.

04

Instruct local lawyers where required

For foreign property and assets requiring local probate, local lawyers in the relevant country must be instructed. PDA Law works with trusted international legal networks to coordinate overseas estate administration.

05

Resolve inheritance tax

UK inheritance tax applies to the worldwide estate of UK-domiciled individuals. Double taxation treaties exist with some countries to prevent the same assets being taxed twice. Foreign tax paid may be credited against UK IHT.

06

Distribute the estate

Once all overseas assets have been realised or transferred, the estate can be distributed to beneficiaries. This may take considerably longer than a purely domestic estate — 18 months to 3 years is not uncommon for complex international estates.

Country-Specific Considerations

The most common countries where UK residents hold overseas assets — and the key legal points for each.

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Spain

Spanish succession law applies to Spanish property. Non-resident heirs may elect EU Succession Regulation (Brussels IV) to apply UK law. Local notary and tax filings required. Inheritance tax varies by region.

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France

French property is subject to French succession law. Brussels IV allows UK law to apply if elected. French notaire required. French inheritance tax applies to French property regardless of UK IHT.

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Portugal

Portuguese property requires Portuguese probate. Brussels IV applies. Portuguese stamp duty (10%) applies to non-spouse/child beneficiaries. Notarial process required.

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USA

US assets (bank accounts, investments, property) require US probate in the relevant state. The UK-US estate tax treaty prevents double taxation. US estate tax may apply to US-sited assets above the threshold.

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Australia

Australian assets require resealing of the UK grant in the relevant Australian state. No inheritance tax in Australia. Superannuation (pension) assets are dealt with separately outside the estate.

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Ireland

Irish property requires Irish probate. The UK grant can be resealed in Ireland. Irish Capital Acquisitions Tax (CAT) applies to Irish assets and to Irish-resident beneficiaries.

This is a general overview only. The law in each country changes and individual circumstances vary. Always take specific legal advice for the country concerned.

Inheritance Tax on Overseas Assets

If the deceased was domiciled in the UK, their worldwide estate — including all overseas assets — is subject to UK inheritance tax at 40% above the nil-rate band (currently £325,000).

Double taxation treaties with countries including the USA, France, Ireland, India and others prevent the same assets being taxed twice. Foreign tax paid can be credited against UK IHT.

Where no treaty exists, HMRC may allow unilateral relief for foreign tax paid, but this is not guaranteed.

Countries with UK Double Tax Treaties (Estates)

  • United States
  • France
  • Ireland
  • India
  • Pakistan
  • South Africa
  • Sweden
  • Switzerland
  • Netherlands

Frequently Asked Questions

Does UK probate cover overseas assets?
UK probate covers moveable assets (bank accounts, investments, personal property) worldwide for UK-domiciled individuals. However, immoveable assets — primarily land and property — are always governed by the law of the country where they are situated, and local probate is usually required.
Do I need probate in every country where the deceased had assets?
Not necessarily. For moveable assets (bank accounts, investments), many foreign institutions will accept an apostilled UK grant of probate. For immoveable assets (property), local probate or equivalent proceedings are almost always required in the country where the property is located.
What is an apostille and when do I need one?
An apostille is an official authentication that makes a UK document legally recognised in countries that are party to the Hague Convention. When dealing with overseas assets, the UK grant of probate must usually be apostilled before foreign institutions or courts will accept it.
Will overseas assets be subject to UK inheritance tax?
If the deceased was domiciled in the UK, their worldwide estate — including overseas assets — is subject to UK inheritance tax. Double taxation treaties exist with some countries (including the USA, France and Ireland) to prevent the same assets being taxed twice. Foreign tax paid can often be credited against UK IHT.
What is Brussels IV and does it apply after Brexit?
Brussels IV (EU Succession Regulation) allows EU residents to elect the law of their nationality to govern their succession. After Brexit, UK nationals can still elect UK law to apply to their EU assets by including a specific clause in their will. Without such a clause, local EU succession law applies to EU property.
How long does probate take when there are overseas assets?
Estates with overseas assets take considerably longer than purely domestic estates. A straightforward estate with one overseas bank account might add 3–6 months. Estates involving foreign property, multiple jurisdictions or complex tax issues can take 2–4 years to fully administer.
Can I deal with overseas assets myself without a solicitor?
Technically yes for some assets, but it is rarely advisable. Foreign legal systems, language barriers, local tax obligations and the risk of personal liability as executor make professional assistance strongly recommended for any estate with overseas assets.
What happens if the deceased owned property in a country with forced heirship rules?
Many civil law countries (France, Spain, Germany, Italy) have forced heirship rules that reserve a portion of the estate for certain relatives regardless of what the will says. These rules apply to property in those countries and cannot be overridden by a UK will.
Does the deceased's will need to be valid in the overseas country?
A UK will is generally recognised in most countries for moveable assets. For immoveable assets, the will must comply with the formal requirements of the country where the property is located — or that country's private international law rules. A specialist international will can address this.
How much does probate for overseas assets cost?
Costs depend on the number of jurisdictions, the nature of the assets and the complexity of local proceedings. In addition to UK probate costs, you should budget for local legal fees, apostille fees, translation costs and any local taxes. PDA Law can provide a detailed cost estimate once the full picture of overseas assets is known.

Speak to a probate solicitor today. Compassionate, professional advice — costs explained clearly before any work begins.

No obligation — talk through your options first.

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