Cross border probate
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My brother died domiciled abroad, the foreign country inheritance law states parents and siblings are beneficiaries. My brother also had a UK bank account and shares in a UK business, are beneficiaries recognised under UK law (parents only) or the domiciled country law for the UK assets? The UK bank seemed to only recognise parents as beneficiaries when presented with the requested death certificate.
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Or is the bank the executor?
English law on whether particular relations are or are not beneficiaries only comes onto effect if there is no will. Scottish law I believe may be different. Is there a will?
I understood that under UK law if no spouse or children the next in line to inherit were the parents?
If there is a will what it says takes precedence. The will should also specify the executor. Is there a will?
If there is no will (the estate is "intestate") and there is money to distribute someone needs to apply to be the Administrator which is essentially the name for the executor of an intestate estate. Just having the support or the other beneficiaries of the family is insufficient. If there is no will you dont know who the beneficiaries are anyway. Have you applied to be the Administrator?
If you are the adminstrator under English Law you must distribute the estate according to : https://www.gov.uk/inherits-someone-dies-without-will which gives a heirarchy of who inherits. And yes you are right, if there are no children and no spouse the next people on the list are the parents. If there were no parents then the siblings would be next. But this only applies if there is no will.
I have no idea which law would apply in your case. Others may know or you may need to consult a solicitor.
Once you are recognised as the administrator and have sorted out who inherits, the banks will follow your instuctions.
PS I would guess that the distribution of English assets should follow English law.
Had he made a will he would have had the choice of his estate being subject to UK or Dutch law, but it looks like his entire estate will fall under Dutch law, so be subject to Dutch intestacy rules and Dutch inheritance tax unless he had been resident there less than 5 years.
https://www.expatica.com/nl/finance/taxes/inheritance-tax-in-the-netherlands-dutch-inheritance-law-and-dutch-wills-1000077/