Families and their wealth are increasingly international. When someone dies with assets, family members or a home in more than one country, disputes can raise difficult questions about which country's courts and laws apply. We work with Child & Child's international desks and with lawyers abroad to resolve cross-border estate disputes.
Which law applies?
Under the rules applied by the courts of England and Wales, succession to movable assets (such as money and investments) is generally governed by the law of the country where the deceased was domiciled at death, while succession to land and buildings is generally governed by the law of the country where the property is located. Other countries apply their own rules, which may point to nationality or habitual residence instead.
- Forced heirship. Many civil law and Sharia-based systems reserve fixed shares of an estate for children or a spouse, whatever the will says. This can conflict with an English will that leaves assets differently.
- The EU Succession Regulation. The UK does not participate, but the Regulation applies in participating EU states (including Italy) to assets there, and may allow a person to choose the law of their nationality to govern their estate.
- Inheritance Act claims can only be brought if the deceased died domiciled in England and Wales, so domicile can itself be the main battleground.
- Grants of representation. An English grant may need to be recognised or resealed abroad, and a foreign grant may need to be recognised here, before assets can be collected.
How we work
We coordinate the English proceedings and work alongside the firm's India Desk, Italy Desk and Middle East Desk, and with trusted lawyers in other jurisdictions, so that strategy in each country is joined up.
Cross-border disputes also raise tax questions. For inheritance tax, the UK moved from a domicile-based test to a residence-based test from 6 April 2025, and our Private Wealth & Tax team advises on the tax consequences of any settlement.
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