A common question we get at The Inheritance Experts is ‘can I contest a Will if the person lived abroad?’ The short answer to this is, yes, it is possible. Contesting a Will abroad is possible under certain circumstances. Some of the main circumstances include where the person made their Will, where they lived, and where their estate is.
Contesting a Will of Someone who Lived Abroad
Many people like to move abroad in their retirement. This means that they may not live in the UK when they die. This can be important when contesting a Will, because you may have to go through several countries laws to contest it.
If the estate of the person who died is in the UK, then that puts you in a better position. This is because the Will is only bound by UK law in this case.
The main aspect that the courts take into account when the person lives abroad is their country of domicile. If the person who dies has property in the UK but have relocated to another country, then the Will would take into account the estate in the UK. Therefore that is where the person will be domiciled. This means that you can still contest their Will here in the UK.
For example, if a will is made and, regardless of domicile, The Wills Act 1963 has been complied with, it may be possible to apply English law. This may occur in instances when a person made a will while they were living in England and Wales and can demonstrate a suitably close connection to the country. If this can’t be proven, then it is likely that the law applicable will be the law of the country in which the deceased was domiciled.
However, if you are dealing with an Estate that is not in England or Wales, you’ll need to investigate the process in the country in question and go through that country’s specific requirements. If there are assets in more than one country, known as a ‘cross-border Estate’, you’ll need to take extra care. This is because there can be a lot of legal difficulties
Contesting A Will If you Live Abroad
We also commonly get asked if you can contest a Will if you live abroad. The answer to this is also yes. If the person’s Will you are contesting lived in the UK, but you do not, that is perfectly fine. This is because the Will you are contesting only has to go through UK law.
If you live abroad then contacting us is exactly the same. As long as their address was in the UK, then it is the same process.
How We Can Help
Here at The Inheritance Experts, we work with solicitors who have years of experience dealing with all manner of inheritance claims. This includes contesting Wills. Contact us today by filling in our contact form. Or call us on 01614138763 to speak to one of our friendly knowledgeable advisors.