Helping families move forward when cross-border probate becomes complicated
When a loved one dies with connections to more than one country, estate administration can quickly become complex. Different legal systems, conflicting advice and procedural requirements can leave families, beneficiaries and professional advisers facing years of uncertainty.
Our French Law team, working as part of Tees’ wider Private Client team, was recently instructed on a long-running estate administration involving both England and France that had reached a standstill.
The challenge
A husband and wife died within 28 days of each other. They had English mirror wills containing a 28-day survivorship clause, meaning their estates were intended to pass to the surviving spouse.
Although they had English wills, they were domiciled in France when they died and did not have French wills.
The estate involved several complicating factors, including:
- French domicile at the date of death
- Assets located across multiple jurisdictions
- The interaction between English succession law and French inheritance rules
- A French marital property regime that required careful analysis
- The timing of the deaths and the impact of the survivorship clause
- A UK bank originally appointed as executor of both estates which later renounced its role
A grant of letters of administration had already been issued in the wife’s estate. However, the administration of the husband’s estate had become blocked.
The Probate Registry requested an affidavit of foreign law confirming who was beneficially entitled to the husband’s estate under the inheritance laws of his domicile, namely France.
As a result, the estate administration had been delayed for several years, causing frustration and uncertainty for family members, beneficiaries and professional advisers alike.
Our approach
Drawing on more than 20 years’ experience in cross-border estate administration, Senior Associate Lauren Mars, one of our French Law specialists was instructed to bring clarity to the matter and help move the administration forward.
Working closely with the French notaire and the UK advisers involved, Lauren reviewed the circumstances of the estate, including:
- The deceased’s domicile position
- The marital property arrangements
- The nature and location of worldwide assets
- The family’s circumstances and surviving relatives
- The interaction between English wills and French succession law
Using knowledge of both legal systems and our ability to work directly in French and English, Lauren prepared:
- An affidavit of foreign law for submission to the Probate Registry in England and Wales
- A Certificat de Coutume for the French authorities and notaire
These documents provided the legal analysis needed by both jurisdictions and helped establish how the estates should be administered under the relevant succession rules.
The outcome
By providing specialist advice on both English and French succession law, we were able to help unlock an estate administration that had been stalled for years.
The preparation of the affidavit of foreign law and the Certificat de Coutume enabled the relevant authorities to progress matters and provided much-needed clarity for the beneficiaries and professionals involved.
How early advice can save time and costs
Cross-border estates often appear more complicated than they need to be. Delays frequently arise because different legal systems must work together, and well-intentioned attempts to deal with matters without specialist advice can sometimes create further obstacles.
If a person who has died:
- Was domiciled in France
- Owned assets in France
- Had beneficiaries living in France
- Held French nationality
- Owned assets across multiple countries
Specialist advice at an early stage can often save considerable time, cost and stress.
It is also important to review wills regularly where there is an international element. Appropriate estate planning can help ensure assets pass according to your wishes and reduce the risk of complications for those left behind.
Need advice on a cross-border estate?
The French Law team at Tees advise individuals, families, executors and beneficiaries on Anglo-French succession, probate and estate administration matters. Whether you are dealing with assets in France, questions of domicile or inheritance issues across jurisdictions, we can help you find a practical route forward.
