The vast majority of people wish to protect their beneficiaries from the immediate family and closest relatives from inconvenience or financial difficulties when they die.  It is particularly important for people with assets in more than one country, as the laws of succession vary quite considerably. 

The laws in the country where your foreign assets are located will have different laws of succession and in order to be certain that your beneficiaries will not face lengthy administrative problems or, in the worst case, not be able to inherit at all, you need to take steps to ensure that your wishes can be upheld.

In Italy, Spain and Portugal, where the laws of succession dictate how an estate is disposed of.  An estate is shared between the decease's relatives in a strict line of succession with the proportions of the estate clearly defined, meaning that a spouse, children and other close relatives receive a defined percentage of the estate which cannot be overridden.  A considerable number of British citizens own properties in these countries and in many cases have retired to their property in a European country. 

Giambrone & Partners' experienced inheritance and probate teams in Italy, Spain and Portugal point out that even if you have made a will under England and Wales law, if you are domiciled in your European property the laws of succession related to that country will apply.  There is no provision for unmarried partners, step-children or friends that you may wish to provide for.

In order to avoid such a situation, you should draft a will under the laws in the country in which you reside which invokes your English will.  Giambrone & Partners' inheritance and probate teams have extensive expertise in sheltering an estate with overseas assets in wills from different jurisdictions, which provides peace of mind to the testator.  Having separate wills enables the lawyers to proceed with the probate process without having to wait for translated documents from the other jurisdiction. This also removes an extensive part of the administrative procedures from the executors' shoulders when dealing with probate in a foreign country and enables your beneficiaries to receive their inheritance far sooner.

You should also consider that even if you draft your English and overseas wills they must be kept current or an ex-spouse or estranged relative may be the recipient of your estate instead of the individuals you wish to benefit.  In the worst case, there will be a prolonged and acrimonious legal battle that reduces the estate to nothing.  There are many examples in the public arena where individuals have not changed their will when there situation changes and their heirs face years of difficulties, legal costs and stress before the matter is finally settled.

Our lawyers can assist through our European offices and provide a stress-free answer to securing your worldwide assets for your chosen beneficiaries.

Giambrone & Partners has offices throughout Italy, Spain and Portugal as well as in France with multilingual lawyers, so wherever you require assistance we can offer guidance and legal advice to support your needs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.