Frequently a foreign Will is prepared with the intention of covering worldwide assets and foreign wills can be recognised in England. The facts are case specific and this can quickly become a complicated area of law on which you should seek legal advice.
We have recently assisted on a high value estate in which the deceased was domiciled in Switzerland leaving a Swiss Will intended to cover the worldwide estate. We were approached by the executor appointed under the will to provide our advice on the validity and recognition of the will in England and to assist with the subsequent legal work.
On this occasion, the will was recognised as valid in England and we have successfully obtained a grant of probate allowing the deceased’s estate in England to be dealt with under the terms of the will. There are often additional complications to these applications and additional evidence is needed to allow the registrar to issue a grant.
In addition, there were legacies made to foreign charities (outside of the EU) and we provided our advice on the payment and application of charitable relief for IHT purposes to those legacies