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What to do if a parent dies overseas - probate overview

We are receiving increased enquiries where a loved one has passed away overseas, for example, ex pats who spent the later years of their lives in Spain or Portugal.

We are also receiving similar enquiries from the children of immigrant workers who have spent the last years of their lives working in the UK. In both the above situations, the key question from a probate administration point of view is to determine where the deceased was domiciled.

The concept of a person’s domicile is a complex legal question, swayed by relevant facts as well as the deceased’s intentions. For example, did the deceased intend to live overseas permanently? How long and how often did they work in the UK? The answer to this question determines how the deceased’s assets will be dealt with which could be under English law or overseas law.

The other key consideration in such matters is the nature of the asset involved. There are different rules in play if the property is immovable, for example, a house or if the property is moveable, for example, bank accounts.

We have experience and expertise in dealing with all of these complex issues.

A further consideration is whether the deceased left a Will, and if so, did it deal with assets in England and Wales only; overseas only; or worldwide?

For such complex issues, we recommend that you contact us, and we would suggest that we hold an initial meeting, via our fixed fee service of £95 plus VAT.

Further Reading:

What is mental capacity and how does it impact me?

The Donor Has Lost Capacity – Surely, As Their Attorney, I Can Do Whatever I Think Is Best?

Probate…first things first!

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Get in Touch

Charlotte Fox offers a fixed fee initial meeting of one hour to discuss your personal circumstances, your options and your next steps, at a cost of £95 (inc VAT).

Charlotte will meet you in our Reading Berkshire office, alternatively meetings can occur by telephone. If you would like to meet with her please telephone the office so that an appointment can be arranged.

Charlotte is a Partner and Solicitor at Barrett & Co specialising in Private Client matters.

"barrettandco" and "Barrett & Co" are trading names of Barrett & Co Solicitors LLP, a Limited Liability Partnership incorporated in England and Wales under registration number OC356263, with registered office at Advantage House, 87 Castle Street, Reading, Berkshire, RG1 7SN. Barrett & Co Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority www.sra.org.uk (SRA Number 549694).

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