One matter we come across as probate practitioners which, whilst not a problem, does cause delays, is clients dying with offshore assets.
When somebody dies, the Estate must obtain Probate. Probate is issued by the Court of England and Wales (or Scotland if the deceased was domiciled there).
However, there is no legal obligation for a foreign jurisdiction to recognise a document that has been issued by a UK Court.
Three scenarios we have seen play out are as follows:
Often, these signed documents needs to be sworn in front of a notary public. A notary public is usually a solicitor or a retired solicitor with an additional authorisation.
They have to affix a seal and administer a swearing of an oath. There are few of these Notaries around which, with multiple Executor’s all needing to swear, can lead to problems.
We therefore recommend, if possible, that our clients bring all their assets to the UK in the later years of their life.
Obviously this may have taxation implications, which via George Hay Chartered Accountants we are able to advise on.
If you wish to discuss what GH Probate Ltd can offer please call Jenna Boddington or Barry Jefferd on 01480 426500 or email probate@georgehay.co.uk.
GH Probate Ltd is authorised to carry out the reserved authority of non-contentious probate by the Institute of Chartered Accountants in England and Wales.