Probate and estate administration lawyers
The loss of a close relative can be a difficult time. Different assets held in different countries can give rise to all kinds of problems. Our leading international probate solicitors are able to offer cross-border services, helping families, executors and trustees to handle even the most complex estates to head off potential issues.
UK price and service information
A joined-up approach to international estate advice, ensuring all potential issues are considered holistically.
Our probate solicitors can guide you through the complex requirements of the jurisdictions involved to ensure the deceased’s estate is administered efficiently and in accordance with the testator's final wishes. The earlier we are involved in the process, the more we can significantly improve the tax position of the beneficiaries. The team routinely works closely with colleagues across our specialist departments and global offices to deliver practical, coordinated and sophisticated advice. We regularly advise on estates with connections to the UK, the US, Canada, the BVI, Hong Kong, Singapore, Australia, Italy and jurisdictions across continental Europe.
Services include drafting applications for grants of representation so that if necessary, you can manage assets before probate is completed, and coordinate different tax regimes to avoid 'double tax' on your inheritance. Our probate and estate lawyers can also act as executors and trustees, either individually or through WITCO, our UK trust corporation.
Track record
A high-net-worth estate and US beneficiaries
We advised a high-net-worth estate and US beneficiaries on Hong Kong probate, funding US trusts, estate corporate actions, and short- and long-term US federal tax planning for beneficiaries and compliance.
A Hong Kong-based client
We advised a Hong Kong-based client on succession planning, establishing US and non-US inter vivos trusts, matrimonial and planning documents. We continue to advise on US, Hong Kong and Singapore legal and tax issues to optimize holding structures, probate efficiency, tax outcomes, asset preservation.
An ultra-high-net-worth Hong Kong family
We advise an ultra-high-net-worth Hong Kong family on cross-border tax, residency and succession planning, coordinating multi-jurisdictional counsel to manage trust, probate and treaty implications across Europe, the UK and Asia.
Executor of a Hong Kong-based US citizen's estate
We assisted the executor of a Hong Kong-based US citizen's estate with cross-border probate, tax and succession planning. We obtained the Hong Kong grant of probate and established a US tax efficient family limited partnership. We also advised on the transfer of Hong Kong properties, US tax filings and wider estate and trust planning.
US-executor of multiple estates
We acted for a US-executor of multiple estates within a prominent Hong Kong family on complex, multi-jurisdictional estate administration, tax and succession issues. We obtained grants of representation across several jurisdictions, addressing US tax compliance and trust termination issues, and advising on stamp duty and US transfer tax considerations. We also advised the client on post-inheritance estate, trust and US tax planning, delivering a seamless cross-border service.
Executors of multi-jurisdictional estate
Advised the Executors of a complex multi-jurisdictional estate on its administration and securing Business Property Relief from inheritance tax on private family company shares.
Italian forced heirship rules
Advising a UK high net worth individual who inherited an estate with worldwide assets settled in trusts and corporate structures in relation to a claim put forward by his siblings on the basis of the Italian forced heirship rules.
Post death tax planning
Following the unexpected death of the principal of a large trading business, post death tax planning to maximize inheritance tax reliefs, both on death and on the death of the surviving spouse in due course. This has involved complicated tax, trust and corporate issues to avoid significant tax charges on the restructure and a number of clearance applications with HMRC.
Post mortem globe trotting
A typical case involved co-ordinating multi-jurisdictional succession and probate processes in a large international estate that had a global spread of beneficiaries with individual tax and asset allocation requirements. We successfully defended a challenge by HMRC to the deceased's domicile status, dealt with the presentation of a complex double tax treaty claim relating to immediate estate and Inheritance taxes, advised on the management of cross jurisdictional income and capital gains tax exposure during the administration period and on conflicts of laws issues impacting on the burden of tax liabilities, generally.
The untimely death
This involved dealing with immediate ownership, probate and compliance issues following the death of a key family member midway through a major restructuring of family business interests. We handled the interplay between the estate and the family's existing wealth management structures to ensure a timely and tax efficient succession process and the successful completion of the wider business restructuring.
A high-net-worth estate and US beneficiaries
We advised a high-net-worth estate and US beneficiaries on Hong Kong probate, funding US trusts, estate corporate actions, and short- and long-term US federal tax planning for beneficiaries and compliance.
A Hong Kong-based client
We advised a Hong Kong-based client on succession planning, establishing US and non-US inter vivos trusts, matrimonial and planning documents. We continue to advise on US, Hong Kong and Singapore legal and tax issues to optimize holding structures, probate efficiency, tax outcomes, asset preservation.
An ultra-high-net-worth Hong Kong family
We advise an ultra-high-net-worth Hong Kong family on cross-border tax, residency and succession planning, coordinating multi-jurisdictional counsel to manage trust, probate and treaty implications across Europe, the UK and Asia.
Litigation against former business partner in Vietnam
Represented the court-appointed administrator of an estate in litigation against the decedent’s former business partner in Vietnam. We brought a derivative action on behalf of an entity the decedent co-owned with his business partner, obtained a preliminary ruling transferring half a million dollars from the entity to the estate, and ultimately settled the case.
Italian forced heirship rules
Advising a UK high net worth individual who inherited an estate with worldwide assets settled in trusts and corporate structures in relation to a claim put forward by his siblings on the basis of the Italian forced heirship rules.
Post death tax planning
Following the unexpected death of the principal of a large trading business, post death tax planning to maximize inheritance tax reliefs, both on death and on the death of the surviving spouse in due course. This has involved complicated tax, trust and corporate issues to avoid significant tax charges on the restructure and a number of clearance applications with HMRC.
Post mortem globe trotting
A typical case involved co-ordinating multi-jurisdictional succession and probate processes in a large international estate that had a global spread of beneficiaries with individual tax and asset allocation requirements. We successfully defended a challenge by HMRC to the deceased's domicile status, dealt with the presentation of a complex double tax treaty claim relating to immediate estate and Inheritance taxes, advised on the management of cross jurisdictional income and capital gains tax exposure during the administration period and on conflicts of laws issues impacting on the burden of tax liabilities, generally.
UK child entitled to cross-border estate
We acted for the son of a deceased German businessman who was entitled to a share of a cross-border estate worth in excess of £35m. The case raised complex conflict of law issues over the deceased's Will and arguments from some of the heirs that the son had no entitlement. We co-ordinated simultaneous proceedings in England and Germany and the case was ultimately settled out of court.
The estate of a leading British retailer
We assisted in the probate and estate administration of a member of the family behind a successful British retail business. The deceased was UK resident ‘non dom’, but with arguable common law domicile, and survived by a spouse, children and grandchildren. He held assets globally, some within a complex web of lifetime trusts, and had made wills in different jurisdictions. We managed the difficult domicile claim, co-ordinated probate applications globally and balanced the dynastic plan for the business.
Heir to a publishing fortune
Withers represented one of the heirs to a publishing fortune in a case arising out of a dispute with his children over the administration of various family trusts. Withers successfully resolved the dispute through alternative dispute resolution in California avoiding a costly court battle and prolonged family discord.
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Our team
Dora Clarke
Partner | London
Carrie Duncan
Partner | London
Christopher King
Special counsel | London
Alessia Paoletto
Partner | London
Alex Chung
Partner | Hong Kong
Yee Hoong Chua
Partner | Singapore
Marsha Laine Dungog
Partner | San Francisco
Louis R. Piscatelli
Partner | New Haven
Steven J. Chidester
Partner | San Diego
Steven Kempster
Partner | London
Elizabeth A. Bawden
Partner | Los Angeles
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