How Do Cross-Border Wills, Estate Administration and Probate Work When Assets Span Multiple Countries?
- S Najam
- 4 hours ago
- 4 min read
Cross-border estates require a Will (or Wills) drafted to avoid conflicts between national succession laws, careful sequencing of probate or grant applications across each jurisdiction where assets are held, and administration that accounts for forced heirship rules, tax treaties, and asset-specific transfer requirements. Sheikh Najam TEP, STEP Professional Postgraduate Diploma in Private Wealth Advice, European Attorney, based in London, advises internationally connected families and individuals through every stage of this process — from Will drafting to the final distribution of an estate.
Why Cross-Border Estates Are Different
A Will that works perfectly for a UK-only estate can fail, partially or entirely, the moment a person owns a property in France, holds a bank account in Dubai, or has beneficiaries resident in three different countries. Each jurisdiction may apply its own rules on:
Which law governs succession — England and Wales generally apply the law of the deceased's domicile to movable assets and the law of the location (lex situs) to immovable property (land and buildings), while many civil law jurisdictions apply nationality-based rules or, since 2015, the EU Succession Regulation (Brussels IV).
Forced heirship — several European, Middle Eastern, and Latin American jurisdictions reserve a fixed share of an estate for children or a spouse, regardless of what a Will says. A UK Will that ignores this can be partially overridden abroad.
Recognition of a single Will — some countries will recognise an English Will covering worldwide assets; others require a separate, locally valid Will for local assets, or will only accept assets governed by their own formalities.
Tax exposure — inheritance, estate, or succession tax can apply in more than one country simultaneously, and double taxation treaties do not cover every combination of jurisdictions.
Getting this wrong does not usually surface until after death, when it is too late to fix — which is why cross-border estate planning is best addressed while the person is still living and capable of instructing a lawyer.
The Three Stages: Planning, Administration, and Probate
1. Cross-Border Will Planning
The starting point is usually deciding between:
A single worldwide Will, drafted to be recognised and enforceable across all relevant jurisdictions; or
Multiple, jurisdiction-specific Wills, each covering assets in a particular country, carefully drafted so they do not accidentally revoke one another.
The right structure depends on where the assets are, whether any jurisdiction imposes forced heirship, the beneficiaries' own tax residence, and whether the person is an EU national who can elect for the law of their nationality to govern succession under Brussels IV — an election that can, in the right circumstances, override a forced heirship regime that would otherwise apply.
2. Estate Administration
Once a person has died, the estate must be identified, valued, and settled before assets can be distributed. For cross-border estates this typically means:
Locating and valuing assets in each relevant country
Establishing which country's law governs each asset
Identifying and settling debts, and any tax due in more than one jurisdiction
Coordinating between advisers, notaries, or legal representatives in each country so that steps taken in one jurisdiction do not create problems in another
3. Probate and Grant of Representation
In England and Wales, a Grant of Probate (where there is a valid Will) or Letters of Administration (where there is not) is usually required before a deceased person's UK assets can be accessed or transferred. Where assets are also held abroad, a comparable — but often differently named and differently structured — process will usually be required in each other jurisdiction. In some cases an English grant can be "resealed" or recognised in a Commonwealth country; in others, an entirely separate local process is required from scratch.
Where a European Attorney Qualification Matters
Because succession law genuinely differs from one legal system to the next, cross-border estates benefit from advice that understands more than one legal tradition. As a European Attorney and member of the Association of European Attorneys, Sheikh Najam is able to advise on the interaction between English law and civil law succession regimes — including forced heirship, matrimonial property regimes, and the practical mechanics of coordinating a UK grant of probate with a parallel process abroad — rather than treating the English and foreign elements of an estate as separate, unconnected problems.
What to Check Before Instructing a Lawyer on a Cross-Border Estate
Do you (or does the deceased) hold assets — property, bank accounts, business interests, pensions — in more than one country?
Is there an existing Will, and if so, does it cover worldwide assets or only UK assets?
Are any beneficiaries resident, or is any asset located, in a jurisdiction with forced heirship rules?
Has an EU nationality-based election been considered, where relevant, under Brussels IV?
Has the potential for double taxation been reviewed against the applicable double tax treaty, if one exists?
Is more than one country's grant of probate, or equivalent, likely to be needed?
About Sheikh Najam
Sheikh Najam is a Private Wealth & International Tax Lawyer based in London, practising as TEP (Trust and Estate Practitioner), holder of the STEP Professional Postgraduate Diploma in Private Wealth Advice, and a qualified European Attorney and member of the Association of European Attorneys. His practice covers international corporate tax and structuring, private wealth and succession planning, notarial and cross-border legal services, and dispute prevention and resolution — with cross-border Wills, estate administration, and probate forming a core part of his private client work for internationally connected families.
If your estate — or that of a family member — involves assets, beneficiaries, or property in more than one country, early advice can prevent complications that are far harder to resolve after death.
Get in touch:
Phone: +44 (0) 20 3488 4195
Book a consultation: calendly.com/attorney-sheikhnajam
Contact form: sheikhnajam.com/contact-8
This article is provided for general information only and does not constitute legal advice. For advice specific to your circumstances, please contact Sheikh Najam directly.
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