Contesting A Will In Another Country

Receiving an inheritance when the deceased has not left a will behind can be twice as difficult when the assets in question are located in a different country. 

Not only can a language barrier cause disruption and miscommunication, but the laws surrounding inheritance can be quite different from that of your home country. 

Take the following points into consideration, should you intend on contesting a will in another country and find yourself unsure of where to start.

Laws of inheritance may differ between countries

A professional can also help you understand the differences in the laws surrounding inheritance. 

According to E&G solicitors in spain the most important reason for creating a Will in another country is to make sure your wishes are carried out without any error. 

In the case that a will is not provided, the inheritance will be governed by the laws of the country in question by default. In such an instance, it can be frustrating when attempting to put forward your claim of being a beneficiary, especially when dealing with banks and intangible assets.

That is why we cannot stress enough the importance of contacting a professional who is based in the same country as the assets of the deceased.

The language barrier

As mentioned previously, contesting a will where the local language is different from your own can feel both alienating and intimidating. On top of this, it is especially difficult when there are few resources available in English. It can be a good idea to hire a local, professional lawyer, who can communicate in both languages, reducing the difficulty in correspondence. 

Hidden costs

Whilst a legal professional will charge fees for providing their services, this can work out substantially cheaper, and with much less headache, than if you were to proceed without hiring one, as hidden feeds can plague any attempt to claim inheritance. 

Fees, including inheritance tax, can differ depending on the country, and must usually be paid before any inheritance can be claimed. With the potential for miscommunication, it is advisable that you do your research on the subject before paying.

Legal documentation and advice

According to bbc-law.co.uk, succession Law applies to the distribution of your estate as an Expat depends on the scope of your Will.

It may be the case that the deceased has left behind a will in their country of origin, but not in the same country as where the assets are held. This can prove a tricky situation, with a legal grey area surrounding how enforceable the original will is. 

A professional will help you navigate what could at first seem like a legal minefield, taking you through the steps necessary to claim inheritance.

To conclude

Contesting a will abroad can seem a laborious and stressful process, but it doesn’t have to be that way. By taking actionable steps, hiring a legal professional in the country where the assets are located, you can bypass much of the linguistic and legal hurdles which may at first seem daunting. It is important to do your own research into the specific laws of the country in question, making sure that you are aware of any fees and costs which may be applicable. 

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