overseas probate

Appeal against inheritance failed

Another appeal against a will was heard recently, regarding overseas property.
 
The Court of Appeal heard in October, how the deceased father of five adult children had a significant relationship with a woman and her son in later years.
 
The deceased had been fortunate enough to have property both in the UK and Cyprus, and his entire estate was left to his partner and her son upon his death, in accordance with the Inheritance (Provision for Family and Dependents) Act 1975.
 
His children launched an appeal to overturn this decision. However, they finally agreed that the woman’s family had indeed been dependent on their father prior to his death and so by default, they should benefit from the estate.
 
The judge in the appeal upheld the original ruling but conceded that the man’s children should be awarded some of the English assets.

IWC Now Official Probate Providers for the European Association of Will Writers

eaw badge small IWC Now Official Probate Providers for the European Association of Will WritersWe are pleased to announce that IWC are now approved probate suppliers for the European Association of Will Writers.
 
The EAW promote the best practices in Will Writing and Estate Planning. IWC Estate Planning and Management Ltd. will work with its 50 members to raise the standards in the will writing and probate industry.
 
The EAW write more Wills, Trusts (Property and Discretionary), Powers of Attorney and Family Trusts than similar organisations. All EAW members are trained to the highest standards and must abide by the rules and code of ethics of the association. This includes having Professional Indemnity cover of at least £1m. 
 
Members are regularly monitored and attend continuing professional development sessions to ensure that they are fully trained and operate ethically. The law is constantly changing so this is extremely important for practitioners to undergo continual training and development. 
 
The Association has a register of will writers who operate in mainland Europe, Malta and Cyprus. For clients who have overseas property, shares or other assets, we can now refer your requirements to a registered EAW overseas lawyer to draft documents that will be valid in the country concerned. 
We have recently introduced will writing and probate services in Scotland and the USA (Florida). This is in addition to our overseas probate services in Jersey, Spain, France and Poland. Our expansion plans are to include more overseas services to cater to UK citizens with assets abroad, especially those who own holiday homes in popular locations such as Spain and Florida. Thus, allowing us to offer a complete service.
 
We trust that our recent partnership with the EAW will instil our clients with even more confidence. IWC are members of Society of Will Writers & Estate Planning Practitioners. Our probate services are carried out by highly qualified individuals, some of which have full STEP membership (The Society of Trust and Estate Practitioners). 
 
While we offer a low cost, fixed fee probate service – there is no compromise on quality of service, or level of credentials and experience.

British expats can now be cremated in UAE

Islamic religious law states that any Muslim who has died in the UAE must be buried. However, religious leaders have for the first time acknowledged residents who are not Muslim, by permitting the construction of the first UAE crematorium, with a non-Muslim graveyard beside it.
 
The crematorium and graveyard, run by Al Foah Funeral Services, will accommodate a percentage of what is estimated to be over 4000 expat deaths each year in the areas of Abu Dhabi and Dubai.
 
Over $12m is thought to have been invested in the facilities, by the Abu Dhabi government – an investment which shows clearly how important expats are deemed to be throughout the UAE.
 
Some expats consider the UAE to be their home and are happy to have their final resting place here. Until now, this has principally been in an existing non-Muslim cemetery close to the new site. For others who wish to have their body returned to the UK however, relatives can expect to have to pay around £6000 to transport the body back to British soil – a service carried out by airline Ethihad.

When Someone Dies Abroad – Overseas Probate

If your partner or relative dies abroad whilst you are still in the UK, and you are responsible for picking up the pieces, you should be notified by the police. However, should you hear the dreadful news from anyone else, you should always contact the Foreign and Commonwealth Office to confirm the facts. Staff from this office will liaise with the British Consul regarding your wishes for the funeral until the deceased is buried or returned to the UK.

If, however, you are with the person abroad when they die, the British Consul will prove invaluable in helping you with any funeral arrangements and overseas probate.

Wherever you are, the death will need to be registered with the appropriate authorities and a Death Certificate obtained. However, it should be noted that it is not possible to register the death with British authorities in a number of locations including Gibraltar or South Africa.

Should you decide to bring the deceased home, the coroner back home where the funeral will take place, should be informed as if you require a cremation, a Certificate for Cremation will need to be supplied by the coroner.

Special arrangements will need to be made to bring the deceased home and for this purpose, an international funeral director will be required.

Check to see whether funeral costs will be covered by travel insurance in which case, the insurance company will make the necessary arrangements for you. If not, you will need to meet all associated costs including bringing the deceased home and any hospital bills.

Follow the link to find out more about overseas probate and inheritance law in Spain, France and Jersey.

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