July 10th, 2026
Introduction
Losing a loved one is always difficult. For international families, however, the emotional burden is often accompanied by legal uncertainty. Questions commonly arise such as:
Many people are surprised to learn that probate in England and Wales is generally a structured and transparent legal process. With appropriate legal advice and careful preparation, estates involving overseas beneficiaries can usually be administered efficiently.
What is Probate?
Probate is the legal process by which a deceased person’s estate is administered. Where a valid will exists, the executors usually apply for a “Grant of Probate”. If there is no valid will, a close relative normally applies for “Letters of Administration”. These documents provide legal authority to collect assets, settle debts, pay taxes and distribute the estate.
When is Probate Required?
A Grant is commonly required where the deceased owned property, significant bank accounts, investments, shares or business interests. Smaller estates or jointly owned assets may not require probate. Each estate should be considered individually.
What Happens if There is No Will?
If someone dies without leaving a valid Will, the estate is distributed according to the rules of intestacy. These rules determine who inherits and in what proportions. Unmarried partners do not automatically inherit under the intestacy rules.
The rules follow a fixed order of priority, broadly favouring a surviving spouse or civil partner, then children, then more distant relatives. Where family circumstances are more complex — for example, a surviving partner who was not married to the deceased, or children from more than one relationship — the intestacy rules can produce outcomes the deceased would not have intended. This is one of the strongest reasons to make a Will, particularly for international families whose circumstances often fall outside the assumptions the intestacy rules are built around.
Can I Deal with an Estate if I Live Outside the UK?
Yes. Executors and administrators are not required to be resident in England and Wales, and there is generally no requirement to hold British nationality. Many estates administered by English solicitors involve executors based in the United States, the Gulf, continental Europe or further afield.
In practice, the executor’s role — collecting in assets, paying debts and taxes, and distributing the estate — is usually carried out through a solicitor acting on their behalf. Most of the substantive work can be completed by correspondence, and original documents can typically be certified and returned by post or courier rather than requiring the executor to attend in person.
Do I Have to Travel to England?
In most cases, no. The Grant of Probate application itself is made in writing (or electronically) and does not require the executor’s physical attendance at a court or probate registry. Identity verification, where required, can usually be completed remotely through certified copies of identity documents or a video call with a solicitor.
Travel may become necessary only in limited circumstances — for example, where a dispute arises that requires a court hearing, where a property needs to be inspected or cleared, or where local banking formalities require an in-person signature. These situations are the exception rather than the rule.
Will I Have to Pay UK Inheritance Tax?
Inheritance Tax (IHT) is charged on a deceased person’s worldwide estate if they were domiciled, or deemed domiciled, in the UK at the time of death. Where the deceased was not UK domiciled, IHT is generally charged only on UK-situated assets, such as UK property or, in some cases, UK bank accounts.
Domicile is a question of fact rather than nationality or residence, and it is frequently misunderstood by international families. A person can be a long-term UK resident without being UK domiciled, and conversely, a person living abroad can in some circumstances remain UK domiciled. From April 2025, the UK moved away from a domicile-based system for long-term residents toward a residence-based test for IHT purposes, which has changed the position for individuals who have spent many years in the UK. This is an area where early, specific advice matters, since the position turns on the deceased’s particular history rather than any general rule.
The current nil-rate band, residence nil-rate band, spousal exemption and any applicable double taxation treaty should each be considered as part of the estate’s IHT position. Any IHT due is generally payable before the Grant is issued, which is why early engagement with a solicitor and, where relevant, the estate’s bankers is important for cross-border estates.
How Long Does Probate Take?
Timescales vary with the complexity of the estate, but as a general guide:
International estates typically take longer than purely domestic ones, principally because of the time needed to obtain certified translations, apostilled documents, and responses from overseas banks or registries. Building this into expectations from the outset avoids unnecessary frustration for beneficiaries abroad.
Practical Steps for Overseas Executors and Beneficiaries
How Svetlova LLP Can Help
Svetlova LLP advises executors, administrators and beneficiaries based in the UK and overseas on all stages of the probate process, from the initial application through to final distribution. We regularly act in estates with an international dimension — including cross-border assets, non-UK domiciled individuals, and family circumstances that fall outside the standard intestacy assumptions — and we are experienced in coordinating with overseas advisers, banks and registries where required.
If you are dealing with an estate and are uncertain about your position, we would be pleased to discuss the matter with you.
