Greetings,
At DLS Solicitors, we understand that dealing with the affairs of a loved one who has passed away is a challenging time, made even more complex when you are living abroad. This guide aims to address your concerns and provide you with a comprehensive understanding of the process involved in applying for probate from outside the UK. Our team is here to support you every step of the way.
Understanding Probate
Probate is the legal process of settling the estate of someone who has died, which includes organising their money, assets, and possessions and distributing them as inheritance — after paying any taxes and debts. If the deceased left a will, it usually names one or more ‘executors’ who are responsible for applying for probate. Without a will, the next of kin or a close family member can apply for what is known as ‘letters of administration’.
Can I Apply for Probate if I Live Abroad?
The short answer is yes, you can apply for probate from abroad. However, the process may be more complicated and may require additional steps or documentation, depending on your location and the location of the assets within the estate.
Key Considerations
- Legal Representation: You may find it beneficial to appoint a solicitor in the UK to act on your behalf, especially if you are unable to travel to the UK. A solicitor can handle most aspects of the probate application and estate administration for you.
- Wills and Estate Laws: It’s important to be aware that laws governing wills and estates vary significantly between countries. If the deceased’s assets are in different countries, you may need to deal with multiple legal systems. A solicitor can provide guidance on these complexities.
- Documentation: Applying for probate from abroad often requires additional documentation, such as a sworn affidavit or legalisation of documents, to prove your identity and your right to apply for probate or letters of administration.
- Language: All documents submitted as part of the probate application must be in English or accompanied by a certified translation if they are in another language.
- Tax Considerations: There may be tax implications in both the country where the deceased’s assets are located and your country of residence. Professional advice is recommended to navigate these issues.
Steps to Apply for Probate from Abroad
- Gather Important Documents: Collect all necessary documents, such as the original will, death certificate, and details of the deceased’s assets and debts.
- Seek Legal Advice: Consider consulting with a solicitor who specialises in probate and can handle international aspects of estate administration.
- Submit the Application: Your solicitor can help prepare and submit the probate application on your behalf. If you are applying yourself, you can access application forms and guidance online via the UK government’s official website.
- Pay Any Required Fees: There are fees associated with applying for probate, which vary depending on the size of the estate. Your solicitor can advise on the costs involved.
- Deal with the Estate: Once probate is granted, you or your legal representative can proceed with collecting and distributing the assets of the estate according to the will or the rules of intestacy if there is no will.
Conclusion
Applying for probate from abroad can be a daunting process, but with the right preparation and support, it is entirely feasible. DLS Solicitors is committed to providing expert guidance and assistance to help you navigate this difficult time with as little stress as possible. Should you have any questions or require further information, please do not hesitate to contact us.
Kind regards,
The Team at DLS Solicitors
