Worldwide Probate Dispute

Jan Atkinson

Table of Contents

The deceased died in Ireland leaving very considerable wealth and assets all over the world, including England, but without leaving clear records of his assets and liabilities. His only testamentary document was made in Germany. This states that our client, who lives in Canada, is entitled to one quarter of the liquid assets in the estate. This position was not initially accepted by the deceased’s only adult son who brought an international probate claim. He is not satisfied with his one-half entitlement under the German will, the validity of which he originally contested. Our role is to ensure our client receives her correct entitlement from the estate.

It was clear, under German law and the circumstances of this case, that the German will was formally valid although it may not cover all estate assets. The deceased’s son eventually accepted this and agreed that a grant of representation should issue to our client as well as him. The grant has been obtained and known assets have now been collected and further information obtained from non-UK assets holders which declined to provide this before the grant was obtained.

HMRC has accepted the information provided and Settlement terms are now being negotiated to finally distribute the estate between the beneficiaries.

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