If you’re reading this, you’re looking for information on how to get probate (known as “confirmation” in Scotland) from a UK court. You may be living elsewhere in the World, and the person who has died may have some assets or estate in Scotland, England, Wales, Northern Ireland or elsewhere.
We have the experience and knowledge to help you obtain Probate / Confirmation in the UK
You might be named in the Will as the person in charge (the “executor”) or perhaps the person who has died didn’t make a Will during their lifetime. You might be a relative of the deceased, or a friend who’s helping the family at such a difficult and emotionally-exhausting time.
You may be concerned about getting confirmation/probate given the distance between you and the UK. You might not know where to start, who to contact, how long it’ll take, or how much it’ll cost.
We will help you. We provide legal advice and assistance to international clients on a regular basis, and we deal with international estate matters. Read on for more information, or make an enquiry now to get the information you need to give you peace of mind on this often complex and confusing area of international law.
“Managing my late father’s estate from abroad was proving stressful and very difficult until I called Weir Law. From the first telephone call to the last e-mail I have received a very high level of customer service from a very professional team. The fees are clear and represent very good value for money. I can highly recommend them.”
The deceased has assets in the UK, but died abroad – what should I do first?
The first thing to consider is the “domicile” of the person who has died. This might sound like a simple fact, however the law on a deceased person’s domicile can be complex. Which country were they born in? Which country did they intend to settle in, long-term? Did they make a Will that explicitly states their domicile?
These questions (and more) will have to be considered at the very start of the process, because domicile will determine which country’s legal system will dictate how the deceased person’s estate will be administered.
Does it matter if the assets are in Scotland or any other part of the UK?
As you may be aware, Scotland’s legal system is separate from that of England, Wales, the Republic of Ireland and Northern Ireland.
It’s critically important that the issue of domicile is resolved before moving on to the confirmation/probate process.
In Scotland, you’ll need to obtain “confirmation” to the estate before the assets can be released or transferred. In England and Wales (and other countries) this document is called “probate”.
Banks, property registers, pension companies and other asset-holders will be quite particular about the type of document they require before releasing or transferring the deceased’s assets, so you’ll need in-depth legal advice from the start.
Can a person act as Executor if they live outside the UK?
If you are named as the Executor of someone’s Will and you’re not a UK resident, you can still deal with their estate anywhere in the World.
To make things a little easier in terms of signing and sending documents internationally, it is sometimes advisable to formally appoint someone in the UK (i.e. a solicitor or a family member or friend) to be able to act on your behalf. The document that you’ll need to authorise someone in this regard is a “power of attorney” – and we can prepare this for you immediately, at no cost.
Once you have a power of attorney in place, you would remain as the legal authority to deal with the estate, but you’d have the benefit of a UK-resident person or persons to attend to signing the necessary legal documents on your behalf. All of the work can be completed on your behalf without you having to travel to the UK. Everything can be completed via telephone, email, letter or video call.
There’s a big time difference between here and the UK. How do I get in touch with you?
That’s easy. We have weekly calendar appointments reserved for our international clients.
We can meet with you via video or telephone call at your convenience, to suit your time zone and scheduling. You can book a free video or telephone call with us by making a free online enquiry.
“Weir Law guided me through a very difficult time with for a very fractured family. Couldn’t have done it without them. I have no hesitation on recommending Weir Law. Massive Thanks.”
The simplest way of getting started is by getting in touch with us today, to either get some free initial information or by booking a free telephone or video call to suit your schedule.