Specialist Estate Administration Solicitors 
When someone dies owning property or bank accounts abroad, things can get complicated. Whether it’s a holiday home in Spain, shares in a foreign company, or an overseas pension, the question often arises: Does UK probate cover foreign assets?
Here’s what you need to know.
Are foreign assets part of a UK estate for probate purposes?
Yes — if the deceased was UK-domiciled (meaning the UK was their permanent home), their worldwide assets usually fall under UK inheritance tax and probate rules.
But that doesn’t mean you can deal with everything from the UK. Local laws may still apply.
Need help with estate administration with foreign assets? Call our highly experienced Probate Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with absolutely no strings attached.
10 Major Problems in UK Probate with Foreign Assets
1. Different legal systems
Each country has its own succession and probate laws. Civil law countries (e.g. France, Spain) often apply “forced heirship” rules, which can override the provisions of an UK Will. This means extra checks, translation of documents, and sometimes even legal disputes abroad.
2. Recognition of UK probate abroad
A UK Grant of Probate may not automatically be accepted in another jurisdiction. Some countries require a separate local grant or “resealing” of the English grant. Obtaining this can add months to the process of administering the estate.
3. Translation and legalisation of documents
Wills, death certificates, and probate documents often need certified translations. Many jurisdictions also require legalisation (apostilles) under the Hague Convention, adding cost and delay.
4. Tax issues in multiple jurisdictions
Even if UK inheritance tax is paid, the foreign jurisdiction may also charge local estate or succession tax. Complex double-taxation rules may apply, requiring specialist tax advice and prolonging settlement.
5. Locating and valuing foreign assets
Banks, property registries, and investment firms abroad may have different standards of proof, and some refuse to disclose values until local procedures are followed. This slows down preparing the probate application.
6. Foreign property law restrictions
Real estate abroad often has strict ownership and transfer laws. In some countries, foreign executors cannot directly sell property, meaning local lawyers or notaries must be appointed. This can stall estate administration.
7. Local legal representatives required
Many countries require a locally registered lawyer or notary to act. Engaging them, providing authority, and meeting compliance checks adds extra time and cost.
8. Banking and financial institutions’ bureaucracy
Overseas banks may require probate documents to be “resealed,” notarised, or translated before releasing funds. Some may not recognise foreign executors, which can delay collection of assets.
9. Cross-border disputes
Family members living abroad, or subject to foreign inheritance rules, may contest the Will or entitlement. Cross-border disputes usually take much longer to resolve than UK-only cases.
10. Currency and exchange controls
Some countries restrict movement of funds abroad. Even when probate is completed, transferring proceeds back to the UK can be slow or require additional regulatory approval.
Will UK probate be enough?
In most cases, UK probate does not give legal authority to deal with assets in another country. Each country has its own rules about:
- Recognising foreign probate documents
- Tax or inheritance laws
- Ownership rights and succession
For example:
- France and Spain follow forced heirship rules
- Some US states may recognise UK probate, others require “re-sealing” or new court applications
- Some countries require local probate or notarial processes
Why DIY Probate Is Risky When Foreign Assets Are Involved
When estate administration involving purely UK assets, there is no reason why you can’t handle the process yourself. However when overseas property is involved, it becomes much more complicated and risky. Before taking on that kind of project, you need to be aware of those risks which include the following:
- Multiple legal systems – Each country has its own inheritance rules. Some impose forced heirship, meaning you cannot leave assets freely as in the UK. An inexperienced executor without specialist knowledge could easily breach local law.
- Extra court procedures – A UK Grant of Probate is rarely enough on its own. Many jurisdictions require the grant to be “resealed” or a separate local probate obtained. These procedures are often complex and in another language.
- Document formalities – Wills, death certificates, and probate papers often need translation, notarisation, and apostilles. Getting this wrong can invalidate the paperwork and cause long delays.
- Cross-border tax problems – Executors must consider both UK inheritance tax and any foreign succession/estate tax. Without professional advice, there’s a risk of double taxation or missed deadlines that trigger penalties.
- Valuing and selling foreign property – Real estate abroad usually requires a local notary or lawyer. Executors may not be legally allowed to deal with property themselves, meaning DIY administration isn’t possible.
- Delays in accessing assets – Foreign banks and financial institutions often insist on local probate documents before releasing funds. Navigating their requirements without local support is difficult.
- Increased chance of disputes – International estates are more likely to face challenges, especially where family members live overseas. These disputes can be complex and expensive if not handled properly.
When DIY Estate Administration Might Still Work With Overseas Property
If the estate is entirely UK-based and all foreign assets were sold or transferred before death, DIY probate is quite possible and with simple estates, some people choose to handle it themselves.
If the only foreign asset is in a country with a straightforward resealing process (such as some Commonwealth countries), DIY may still be possible – but specialist legal advice is strongly recommended.
The bottom line? While DIY estate administration can work for simple, UK-only estates, once foreign assets are involved it is usually unsuitable. The risks of delay, error, and unexpected tax liability are high. Executors will often save time, stress, and even money by appointing a solicitor with international probate experience.
What is resealing probate?
Some countries (e.g. parts of the Commonwealth like Australia, Canada, or South Africa) allow for a UK grant of probate to be “resealed” — essentially recognised for use locally. That makes the process so much easier.
Others may require 1 of the following:
- A completely separate local probate application
- Translation and legalisation of the will or grant
- Help from a local lawyer or notary
And unfortunately having to use a local lawyer or make a local application can significant delay administration of the estate and can prove surprisingly expensive – as our private client team found recently when one of our UK probate cases involved shares in Bermuda.
What if the assets are jointly owned abroad?
Just like in the UK, jointly owned property may or may not pass outside probate — it depends on how the asset was held. In some countries, joint ownership doesn’t override inheritance laws.
Always check with both UK and local legal professionals.
Will inheritance tax apply to foreign assets?
Yes — if the deceased was UK-domiciled, all global assets are counted when calculating inheritance tax. But foreign taxes may also apply, which can be offset in some cases under double taxation agreements.
How Overseas Assets Delay Probate in the UK
The complications that inevitably follow UK probate with foreign assets, means that the whole process of completing estate administration is almost always slower. Executors often face additional court procedures, translation requirements, and international tax compliance, meaning what might be a 6–9 month process for a UK-only estate can easily take 12–24 months or longer when foreign assets are involved.
- Valuation delays: UK probate cannot be granted until the full estate value is declared. Waiting for valuations of foreign property, shares, or bank accounts holds up the application.
- Tax calculations: HMRC requires details of worldwide assets before issuing clearance. Any delay in getting foreign figures slows UK inheritance tax reporting and the Grant of Probate.
- Resealing or parallel proceedings: Executors often need both a UK Grant and a local equivalent abroad. The UK process may pause while overseas courts or notaries process documents.
- Document formalities: Apostille (an internationally recognized, official certificate that legalizes a public document), notarisation, and translations can each add weeks or months.
- Disputes or foreign legal challenges: Even if the UK probate is ready, administration cannot proceed until the overseas issues are resolved.
How our specialist probate solicitors can help you
International estates require specialist knowledge. At Bonallack & Bishop, we:
- Advise executors dealing with foreign assets
- Work with overseas lawyers to unlock property or funds
- Handle resealing and UK estate administration for international estates
Dealing with overseas property after a death? Get in touch.
If you’re unsure whether you need probate abroad or how to deal with foreign assets, our experienced probate solicitors can guide you through it — with clarity and care.
