What Happens When a Loved One Dies Abroad?

Dealing with the death of a loved one is never easy – and there is added complexity and emotional burden when a loved one dies abroad.

There are numerous reasons why someone might have been overseas at the time of their death, including that they were living in that country, working abroad or on holiday when they passed away – and the nature of why they were abroad at the time will play a part in the estate administration. As will the particular country of death as this will determine the legal process, as each place has a different setup.

Steps To Take When A Loved One Dies Overseas

Establish The Laws

You need to establish which country’s laws apply to the estate administration of your loved one who has died abroad – whether it’s still governed by UK laws or the country of death.

To do this, you need to seek advice from your solicitor and gain access to the relevant documents.

Register The Death

You need to register the death in the country where the death happened.

To do this, the British Consulate can help you with the process in the area – sometimes, a death needs to be registered at a town hall or registry office, other times it’s done through a police authority or local hospital.

Apply For a Consular Death Registration

Once you’ve registered the death, you can apply for a consular death registration through the UK channels.

To do this, you need to send the death certificate from abroad together with a certified translation to the General Register Office which will then issue a UK record of the death for use in the future.

Repatriation Considerations

Whether you want to bring the body home for burial or cremation or arrange for burial or cremation abroad, you’ll need to consider permits for travel, customs rules and health necessities for the country of death. It’s advisable to speak with both UK and foreign funeral directors to make a plan that conforms with the laws overseas.

You might still need officially translated copies of the death certificate as well as medical records and relevant documents for estate administration, even when the burial or cremation takes place abroad. Make sure the translated copies are completed by certified professionals or they may not be accepted by the UK authorities or banks.

Probate & Estate Administration Abroad

After the first few steps following the death of a loved one, you’ll need to think about how to distribute their estate – this is something your solicitor will be able to advise you about.

Normally, you need to obtain probate in the UK in order to handle assets based in this country and a separate probate grant in the country where other assets are located. However, certain countries will recognise the UK probate document – not all will insist on a separate document.

Inheritance and succession rules vary from country to country. Whereas England and Wales enable people to decide how their estate is distributed, certain countries have much stricter rules of forced heirship. This means, in practice, that certain relatives such as the spouse or children of the deceased must inherit a set amount of the estate by law.

Having a Will in place usually gives the deceased greater control, even when the death occurs abroad and in a country with stricter rules of forced heirship. This is because British nationals can use the EU Succession Regulation, which states that people who owned property in some European countries can choose for the law of their home country to apply to that property. If individuals expressly wish to use this Regulation in their Will, often the estate can be distributed according to these wishes rather than the particular local legal system.

Where your deceased loved one lived and the reason for them being abroad at the time of death, will also determine whether the local laws apply or the UK’s legal system.

Your solicitor will need to assess the situation, including if there are factors such as dual nationality or jointly owned property, to decide which country’s laws take priority.

Tax Issues

If the deceased had lived abroad but had been in the UK for 10 of the last 20 years, their estate will be liable for UK inheritance tax. A Will sheds light on assets, as it is possible to have more than one valid Will in different countries – but there must be consistency across the two Wills.

Sometimes, an estate is subject to inheritance tax in more than one country as certain places base tax liability on the location of assets. When this happens, certain assets can be taxed twice as a result.

To avoid or reduce double taxation, the UK has treaties with various countries that allow individuals to claim for tax relief or credit for tax paid abroad.

Claiming tax relief is often complicated, with forms to complete, deadlines to meet, and documents to gather for HMRC. It’s important that you seek professional advice to ensure all taxes are correctly calculated and paid together with the right documents and forms.

Helping You with Your Estate Administration When Someone Dies Abroad

If you are an executor of an estate, you’re responsible for distributing the estate – a task that is complicated when the individual’s death occurred overseas.

When someone dies abroad, there are added challenges with estate administration, such as potential language barrier, distance difficulties, foreign banks and utilities to deal with as well as practical matters such as transferring title deeds, and different legal systems.

Our specialist probate solicitors have experience of assisting clients with cross-border probate and understand factors that need to be assessed as part of the process. We also appreciate what a stressful and upsetting time this is for loved ones, and our approach is always sensitive with the goal to complete the process as effectively and efficiently as possible.

With our help, the entire process – from registering the death and getting official translations to obtaining probate and handling the authorities – will be far less stressful. We will ensure all obligations are completed correctly and on time as well as provide you with support at every stage.

To speak to us about probate and estate administration for your loved one, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.