Our service - International Probate

International Probate

International probate refers to the legal process of administering the estate of a deceased person who owned assets in multiple countries or had connections to more than one jurisdiction. 

Key aspects of international probate include:

1. Cross-Border Assets: International probate typically arises when the deceased person owned assets such as property, bank accounts, or investments in countries outside their country of residence.

2. Legal Complexity: Administering an estate with assets in multiple jurisdictions can be legally complex due to differences in laws, regulations, and procedures across countries.

3. Recognition of Foreign Wills: In some cases, a will drafted in one country may not be automatically recognized in another country. Therefore, additional legal steps  including a further grant of probate in Ireland will be required to deal with assets located in this country.

4. Tax Considerations: International probate may involve various tax implications, including estate taxes, inheritance taxes, and capital gains taxes, which can vary depending on the countries involved.

5. Legal Assistance: Given the complexity of international probate, individuals and families often seek legal assistance from solicitors or lawyers with expertise in cross-border estate matters to ensure compliance with relevant laws and efficient administration of the estate.

Importance of having a solicitor for International probate

Having a solicitor for international probate in Ireland is crucial for several reasons:

1. Legal Expertise: International probate involves navigating complex legal issues, including differences in laws, regulations, and procedures across multiple jurisdictions. A solicitor with expertise in international estate matters can provide valuable guidance and ensure compliance with relevant laws.

2. Understanding of Local Laws: Dublin-based probate solicitors can assist in the administration of the estate in Ireland, including obtaining a Grant of Probate from the Probate Office of the High Court and handling any legal requirements specific to Ireland.

3. Coordination with Foreign Authorities: Dealing with assets located in other countries often requires communication and coordination with foreign authorities, legal representatives, and financial institutions. A solicitor can facilitate this process and ensure that all necessary steps are taken to administer the estate effectively.

4. Recognition of Foreign Documents: In cases where the deceased person’s will was drafted in another country, a solicitor can assist in validating or resealing the foreign will in Ireland to ensure its recognition and enforceability.

5. Tax Considerations: International probate may involve various tax implications, including estate taxes, inheritance taxes, and capital gains taxes, both in Ireland and in other jurisdictions. 

6. Resolution of Disputes: Disputes or conflicts may arise during the international probate process, particularly regarding the interpretation of the will or the distribution of assets. A solicitor can provide mediation or representation in legal proceedings to resolve disputes amicably or through litigation if necessary.