Cross border estates are becoming increasingly common in private client work. Gary Kiely, Premier Solicitors’ cross border estate expert, examines the trends behind the rise, the complexities involved in international probate, and explains how to take a structure approach to managing cases.
Cross border estates are no longer the exception. They are increasingly part of everyday private client work. Property held overseas, foreign bank accounts, international investments and globally mobile families now feature in estates of all sizes, not just those at the very top end of the market.
For estate planners, executors and probate teams, this shift presents a growing operational and technical challenge. Managing probate across multiple jurisdictions demands coordination, specialist knowledge and careful sequencing. Without the right support in place, even well planned estates can become slow, costly and stressful to administer.
Why cross border estates are becoming more common
Several long term trends are driving the rise in multi jurisdictional estates:
- Increased overseas property ownership, particularly in Europe and North America.
- International investment portfolios and foreign currency accounts.
- Migration and second residency, including dual nationality families.
- Cross border succession planning driven by tax and lifestyle considerations.
These factors mean that UK probate is often only one part of a wider estate administration exercise. Executors may be required to deal with notarial systems, foreign inheritance rules and differing timelines, all while meeting UK compliance requirements.
The complexity behind international probate
Multi jurisdictional estates bring layers of complexity that extend beyond language or geography.
Different jurisdictions apply different rules on succession, forced heirship, spousal rights and tax treatment. Documentation standards vary widely. Some systems rely on notaries rather than courts, while others require separate grants or sealed copies of UK grants.
Common challenges include:
- Identifying which assets fall under which jurisdiction.
- Coordinating UK probate with foreign succession procedures.
- Managing inconsistent documentation and translation requirements.
- Understanding how foreign taxes interact with UK inheritance tax.
- Avoiding delays caused by conflicting timelines or procedural dependencies.
Without careful planning and coordination, these issues can lead to prolonged administration and frustrated beneficiaries.
The risks of treating cross border probate as business as usual
One of the most common pitfalls is approaching international estates using domestic assumptions. Applying UK timelines, expectations or processes to foreign assets can result in avoidable delays or compliance issues.
Executors may underestimate how long foreign authorities take to respond. Estate planners may not be involved once probate begins, leaving gaps in understanding. Probate teams can find themselves chasing information across borders without a clear framework.
This reactive approach increases risk, cost and client dissatisfaction.
Building a structured approach to multi jurisdictional probate
Firms that manage cross border estates effectively do so through structured, proactive workflows rather than ad hoc responses built around five core principles.
1. Early identification of cross border elements
International assets should be identified at the earliest stage. This allows probate specialists to map out which jurisdictions are involved and how processes will interact.
2. Clear jurisdictional scoping
Not every asset requires a full foreign probate process. Understanding where a local grant is required, where a reseal is possible and where alternative routes exist is critical to efficiency.
3. Coordinated timelines
Sequencing matters. Some jurisdictions require a UK grant before progressing, while others operate independently. Aligning timelines avoids unnecessary pauses.
4. Specialist technical oversight
Cross border estates demand technical understanding of inheritance tax, double taxation relief and international reporting obligations. Specialist oversight reduces risk and protects advisers and executors alike.
5. Consistent communication with executors and beneficiaries
Clear explanations of why international estates take longer helps manage expectations and reduces pressure on advisers.
The role of a specialist probate partner
For many firms, the volume of international estates does not justify in house expertise across multiple jurisdictions. This is where a specialist probate partner becomes invaluable.
An experienced probate partner can provide structured, experienced support for estates with overseas elements, while allowing firms to retain their client relationships and strategic oversight.
Expert partners can help by:
- Managing UK probate alongside international considerations.
- Coordinating with foreign lawyers, notaries and institutions.
- Supporting executors through complex procedural steps.
- Ensuring UK tax and reporting obligations are met accurately.
- Providing a central point of control across jurisdictions.
This approach removes pressure from internal teams while ensuring estates progress in a controlled, compliant manner.
“As multi jurisdictional estates continue to rise, having the right probate partner is essential,” says Gary Kiely, partner in the Private Client Department at Premier Solicitors. “Someone who will work alongside firms to manage probate across borders with clarity, efficiency and technical confidence.”
Turning international complexity into a client service strength
Handled well, multi jurisdictional estates can become a differentiator rather than a risk. Clients value advisers who can navigate international complexity calmly and competently. Firms that can demonstrate this capability strengthen trust and long term relationships.
With the right structures and specialist support in place, cross border probate becomes manageable, predictable and commercially viable.
About the author
Gary Kiely is director of probate, wills and LPAs and private client at Premier Solicitors. He normally deals with multi-million pound estates and complex matters, high-net-worth clients and complex estates. He has acted for directors of blue-chip companies, lottery winners, famous actors and writers. He has a keen interest in cross-border estates, dealing with worldwide assets, and he enjoys dealing with complex tax issues.
