INHERITANCE AFTER DEATH
Understanding what rights you have over your inheritance in a transnational context is complex. There are conflicts in the different legal systems which must be reconciled. Following procedures in the correct sequence made more complicated by distance, managing disagreements amongst heirs, understanding what laws are applicable in which circumstances, all need to be taken into consideration. We can guide you towards what works best in your situation or for the clients, as their professional advisor, you represent.
We can help by dealing with the collection and distribution of the deceased’s estate in a way that best preserves its value, both sentimental and financial.
WE PROVIDE ADVICE IN THE FOLLOWING AREAS:
Succession procedures – with and without a will
Individuals with international lifestyles often accumulate property all over the world. With proper planning in place, cross-border succession can be greatly simplified and the costs associated with lengthy probate procedures reduced. Where an individual dies without a will, complex intestacy rules will take effect. The process is further complicated if there are assets in more than one jurisdiction, as competing systems of law will possibly apply to the devolution of the same assets. The multi-jurisdictional breadth of our expertise means we are well placed to advise the deceased’s beneficiaries or personal representatives on how to deal with the administration of complex, cross-border estates, whether the deceased left a will or not.
Assistance to disgruntled heirs
Estate disputes may take many forms, including claims that a will is invalid, claims that the deceased did not have mental capacity when the will was made or claims under forced heirship rules. Estates may also be targeted by vexatious litigants – those individuals without a genuine claim, but who see an opportunity. Whatever the nature of the dispute, we can advise on the best route forward.
Assistance to beneficiaries of investment policies
When a policyholder dies, the policy will come to an end and the proceeds will be paid out to the beneficiaries (if nominated) or to the estate (if no valid nomination is in place or where it is customary not to have beneficiary nominations, as is the case in most common law policies). We can advise beneficiaries and personal representatives on the procedural aspects as well as on the overall legal and tax implications of policies in multiple jurisdictions.
Articles on these topics:
How to find a last will
England and Wales While the testator is alive, they are generally the only person entitled to receive a copy of their will (with very limited exceptions). After the testator's death, the will remains a [...]
How to make a will
England and Wales 1) REQUIREMENTS OF A VALID WILL In order to make a valid will in England and Wales, the testator must be of sound mind and at least 18 years old. There [...]
Foreign assets and testamentary heirs
Succession cases throughout the world share one thing in common: the principle that heirs can be appointed by will. Domestic succession laws can, however, place limitations on the testator's power, such as the concept [...]
Inheritance tax
The death of a person, and the transmission of his estate to his heirs, can trigger inheritance tax. The inheritance tax is calculated in the inheritance tax return, this is a form established by [...]
Life insurance policy and legitimate heirs: how is the benefit shared?
Often in life insurance policies, legal heirs are designated as beneficiaries. However, their rights will not be divided according to the shares they are entitled to by inheritance. According to case law, the benefit [...]
New Developments in Swiss Inheritance Law
The revised Swiss Inheritance Law will come into effect as per 1st January 2023. The statutory share of descendants is reduced from three quarters to half of the legal share of the estate (Art. [...]
