Cross-border estates

Death abroad

Where an individual has a connection with England and Wales, perhaps through nationality, residence, domicile or simply having assets here, but has died abroad such that it is a cross-border estate, practitioners may be asked to advise on the formalities regarding the registration of death and repatriation of the body. For information about the formalities that may be required where an individual has died abroad and the body is to be repatriated to the UK, see Practice Note: Death abroad.

Succession and administration

English law distinguishes between:

1. •

   the law governing the administration of a deceased individual's estate, and

2. •

   the law governing succession to the estate

In most civil law jurisdictions no such distinction exists between administration and succession of estates.

The English laws governing the administration of estates and matters of succession are concerned with whether or not the English court has jurisdiction and if it has, which country's law applies. For information about the English private international law as applicable to Private Client matters, see: Private client and private international law—overview.

English conflicts of law rules make a distinction between