Dealing with International Assets in Estates 

Our team of specialist probate solicitors are experienced in dealing not only with estates here in the UK, but also those with international aspects, particularly in Germany, through our partnership with renowned German Law firm, Graf and Partners.  

When someone with assets in different countries dies, probate or the equivalent will typically need to be obtained in each country where the assets are situated. If you are resident in the UK, but also have assets in Germany, it will be necessary to go through the separate procedures in each country to release the assets to your beneficiaries.  

In Germany, beneficiaries of the German estate must obtain a Certificate of Inheritance (‘Erbschein’) for the German estate to be released and a separate Grant of Probate (or Letters of Administration if there is no Will), must be obtained in England to secure the release or transfer of the English assets. 

EU Succession Regulations 

When a person dies with assets in more than one country, there are likely to be conflicting national laws as different countries have different regulations governing what happens. How the different regulations apply and how they integrate, makes succession complex in these circumstances. 

The concept of forced heirship applies in Germany, so, irrespective of the terms of any Will, some individuals may claim their compulsory share. Those entitled to receive a statutory compulsory share if they are excluded from succession by the Will, include the descendants of the deceased, their spouse and in some cases, the parents of the deceased. 

All of these concepts need to be considered and appropriately applied in relation to international estates. In this complex area of private international law, conflicts of law may be relevant and need to be clarified and fully understood. 

Contentious probate or contesting a Will? 

Whether dealing with a single Will operating under a single jurisdiction or multiple Wills covering assets in more than one country, there can be questions over the validity of the Wills and also the administration of the estate. 

Generally speaking, when an individual expected to benefit from a Will and has not, or expected to benefit to a greater degree, they may choose to contest the Will.  

Someone might contest a Will if: 

• they believe it is invalid because the Will did not comply with the correct formalities when it was signed; 
• they believe the deceased did not have mental capacity when making it; 
• they believe the deceased was unduly influenced to change the Will to benefit someone else; 
• they do not believe that adequate provision has been made for them; and/or 
• they believe it is a forgery.  

According to the European Commission, 450,000 cross-border successions occur in the EU every year, representing an estimated value in excess of €120 billion. 

Losing a loved one is always hard, but when they held assets in more than one country, dealing with the Wills and estate administration across borders can add to the stress at what is already a particularly difficult time. 

If you believe the estate of someone close to you, who had assets in Germany and the UK, is not being managed properly, the experienced Contentious Probate solicitors here at Buckles, supported by the team at renowned German Law firm, Graf and Partners, can help you challenge the Will or how the estate is distributed.   

Our specialist solicitors have a proven track-record resolving disputes, including: 

• interpretation of the Will; 
• value of the assets involved at home and abroad; 
• dealing with an executor who has mismanaged the estate; and 
• disagreements between beneficiaries. 

We are also here to help you contest probate if there was no Will and you want to challenge how the estate has been divided and in conjunction with Graf and Partners, taking particular consideration of the complex German Intestacy regulations.  

We can also provide advice in situations where you need to defend a contentious probate claim made against an estate for which you are handling the administration or are a beneficiary of an estate that is being challenged. 

Complex wealth structures that incorporate trusts or rural estates can present unique challenges, but rest assured our specialist team is experienced at dealing with every conceivable dispute. 

Whether you need advice about contesting a Will or a contentious probate claim against an estate with assets in more than one country, please contact our specialist team today and we will outline the options available to you.