Cross-border issues tend to arise in situations where someone passes away and either hasn’t left a will or their will is silent as to how their foreign assets are to be dealt with.
A will is vital in succession and inheritance of estates, and is particularly important when dealing with cross-border matters. It is always a good idea to have a Will in each jurisdiction where you have assets to avoid any issues cropping up further down the line.
The most common manner of cross-border disputes arising is where:
- The deceased didn’t leave a will in which case the law of the country where the asset is held may be deemed to apply, rather than the law of the country in which they are domiciled.
- The deceased left a Will, but failed to declare the “law of nationality” within their Will. Declaring this means no matter where a person dies, their estate will be handled under the jurisdiction of their country of nationality.