Cross border probate

Hew · 18 August 2019 at 2:44PM

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.

Linton · 18 August 2019 at 3:32PM

??? The banks dont recognise or not recognise beneficiaries, they just hold the money and will release it under instruction of the executor. Which law applies is nothing to do with the banks. It could well be a problem for the executor.

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?

Hew · 18 August 2019 at 3:42PM

I've been deligated by the other heirs to act as executor.

I understood that under UK law if no spouse or children the next in line to inherit were the parents?

Linton · 18 August 2019 at 4:04PM

Hew wrote: »

I've been deligated by the other heirs to act as executor.

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.

Hew · 18 August 2019 at 5:00PM

There appears to be no will. I have applied to act as executor in Holland and separately in the UK, just unclear as to whether or not everything is divided under Netherlands law.

Linton · 18 August 2019 at 5:28PM

Looking at https://www.langleys.com/resources/bereavement-and-probate-resources/international-probate-dealing-with-estates-which-include I suggest you consult a suitably qualified and no doubt expensive lawyer. Your problem is that if you get it wrong and there is no agreement to sort thngs out you could be held personally responsible.

Keep_pedalling · 18 August 2019 at 5:45PM

Hew wrote: »

There appears to be no will. I have applied to act as executor in Holland and separately in the UK, just unclear as to whether or not everything is divided under Netherlands 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/

Hew · 19 August 2019 at 6:53AM

We were hoping to complete most of the work ourselves as hiring a lawyer which we have looked into may mean we are out of pocket if the work is solely completed by the lawyer.

Cross border probate

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Cross border probate

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