Arranging Affidavits of Foreign Law

Arranging Affidavits of Foreign Law

 

An affidavit of foreign law is required when a person dies in a foreign country whose probate laws are not recognised by the UK.

 

In these cases, under UK law, a Grant of Representation is needed – this is a legal document, which authorises a named person(s) to administer the estate of the deceased as an executor.

 

In cases where a person from the UK dies in a Commonwealth country, under probate law it is possible for a foreign grant of probate to be recognised in the UK by resealing the foreign grant of probate at the Probate Registry in the UK.

 

However,probate law is different in every country – even in EU countries such as Spain and France, where many people from the UK retire.

 

In these cases, an affidavit of foreign law must be obtained. The affidavit sets out the law relating to the country where the deceased lived – and also sets out the legal process and who should apply for probate in the UK.

 

This process is necessary if a British national has a home overseas and dies abroad leaving a will made in that country and under the laws of the country – but still has assets in the UK, such as a bank account and/or property, land, a home, or possessions.

 

Until an affidavit of foreign law has been obtained for the Probate Court in the UK, it is not possible for assets to be assessed for probate in the UK, potentially delaying administration of a will and distribution of any assets to family members and legitimate beneficiaries.

 

It is necessary to take expert legal advice in these cases – and Duncan Lewis wills and probate solicitors can advise both family members whose loved one has died overseas, as well as overseas lawyers who need to swear an affidavit of foreign law for probate purposes.

 

Duncan Lewis Wills and Probate Solicitors – Arranging Affidavits of Foreign Law

 

Duncan Lewis wills and probate solicitors have considerable expertise in international probate and cross-border matters – our staff speak more than 70 languages between them and are well placed to assist families and overseas lawyers in arranging affidavits of foreign law.

 

There are Duncan Lewis offices nationwide – and Duncan Lewis wills and probate solicitors offer competitively-priced fixed fees for probate matters whenever possible, with hourly rates for contentious probate matters.

 

For expert legal advice on Wills and Probate and Arranging Affidavits of Foreign Law, call Duncan Lewis Wills and Probate Solicitors on 0333 772 0409.