International trusts and estates disputes

The proper administration of both estates and trusts often involves not only English law but also the law of other countries. Our experienced team resolves disputes involving international aspects such as court proceedings in other countries, enforcement of judgments here and abroad, and potential conflicts between the laws of different countries.

Our probate and trust disputes team will quickly identify the numerous ways in which international laws might be relevant to a trust or estate dispute and advise clients accordingly. International issues can also apply if a person has invoked the law of a foreign country by, for example, owning assets abroad or marrying a foreign national.

The domicile of persons who have moved abroad before their death will affect the way in which their assets are distributed and the tax payable on their death. For example, many other countries have “forced heirship” laws which determine how the assets in an estate are distributed regardless of any will.

Even where a person has remained in England, they may own assets abroad which might be owned outright or held in an offshore trust. The way in which those assets are dealt with will involve an analysis of the proper law to be applied and a resolution if the laws of various countries conflict.

Where a dispute with a foreign element arises, the correct country in which any court proceedings should be started and the applicable law should be determined as these factors can have a significant bearing on the likely outcome of a dispute. As a member of the MultiLaw network, we also have quick access to reputable legal advisers in other countries.