Executor Of A Will

[phleb]

What if the deceased has property abroad? How does this work? Thanks

[calmck]

Hopefully the deceased has a will in the country where the property is. Living in Portugal but with UK assets I have a will in both countries

[Old_Geezer]

Where there's a will, there's a way.

Doesn't one country's legal system recognise a valid will created under another country's legal system ?

[TheChair]

//Doesn't one country's legal system recognise a valid will created under another country's legal system ?//
No. For example, in Greece there are strict rules governing the making of a will, ensuring provision for the offspring, etc. Therefore an English will that (say) left everything to your spouse, could not apply to assets you held in Greece.

[Old_Geezer]

Surprised at that because a person's things are for them to decide on, providing their mental capacity is unquestioned. Depending on age, offspring should provide for themselves :-( anything they get should be considered a bonus.

[woofgang]

by property, do you mean real estate? also it depends on the country. MY late DH had shares in the US and while it was a bit complicated to get it sorted, it wasn't really a problem.

[KARL]

The Chair is, to the best of my knowledge, broadly correct. The jurisdiction to which the deceased belonged up to the point of death generally is the one which "calls the shots". Thus, a British national fully resident in Britain but on holiday somewhere when he/she dies will come under British laws, rules and regulations, including regarding any property/assets owned in another country. Conversely, if a British person is resident abroad and owns property/assets in the UK as well as abroad he/she will fall under the foreign country's rules, not those of the UK. There are possible combinations/permutations where things are not quite so straight forward and much depends on the rules of the country/ies involved. Some countries defer to the "home" country (residence) and pass all handling of the estate to it, others don't so it becomes a more complicated issue. Some countries have what is called laws on statutory heirs (e.g. spouse, offspring) which limit the scope of a will - it is by no means assumed that the deceased is at liberty to dispose of his/her assets in the preferred manner. A will made in one country can be rendered null and void by the laws of another country and neither country can be forced to bend on whatever they have control over (buildings and such within its borders). Cross border issues can take quite a bit of time to sort out. Additionally, within the EU there is now a law which determines that, irrespective of your nationality, the country which will automatically deal with the estate (especially taxation) is determined unless you specifically opt out of it in writing and register that decision/declaration - I am unclear on the details.

[Peter Pedant]

I think you need professional advice

here is the quarreling over Boodifucl Bernard Matthews will
It was worth £40m

wrote a French will and didnt realise that only a third (tiers parti) can be alienated ( left outside the family) ) and the rest is subject to forced heirship
wow
so when he did, he expressed a hope ( and may have got a guarantee) that those who would inherit according to the French courts er wouldnt press their case,

they did and booted the mistress out on the street

[Peter Pedant]

oops
ref here

https://www.birkettlong.co.uk/site/library/legalnews/can_a_bootiful_life_turn_ugly.html

[Barmaid]

Depends on location of property, habitual residence of deceased and terms of any wills.

Also many jurisdictions do not recognise the concept of an executor.

[Peter Pedant]

I will seek out the ref
oops thanks Barmaid
my tray reesh neighbour ( I have a few - and a very few who are tray tray reesh) left his dad's bugatti value 250 big ones
in a swiss garage
and the swiss will wasnt clear

and the english ( angleesh that is!) judge in London heaved his bosom and sighed a great sigh
and regretted that these tray reesh men didnt take proper advice before they died !

a common on in two wills at the same time
isthat you cant put in a revocation clause or it wipes one out