How do I make a claim against foreign assets?

Written by Terry Johansson | 27th September 2013

If the deceased’s foreign assets are immovable and the deceased did not have a valid Will in that foreign country, then the deceased will be considered to have died intestate in the foreign country. This will mean that the foreign assets will be divided amongst the deceased’s next of kin in accordance with the foreign country’s intestacy rules.

The executor or administrator of the deceased’s Australian property would be the most ideal person to apply for the equivalent of Letters of Administration in the foreign country.

It may be possible to contest the distribution of the foreign assets under the will if that foreign country has forced inheritance laws.

If the person died without a will, it may also be possible to challenge the way the property is to pass under the Intestacy Rules of that country, but in many countries the Intestacy Rules cannot be varied or challenged.

To commence a will challenge in that country, legal proceedings will need to be commenced in the foreign country where it will be decided in accordance with that country’s laws.

You should obtain legal advice before you consider doing this.

CWPL are international experts in estate and probate law. CWPL also has a worldwide network of legal practitioners who are able to assist with foreign legal proceedings, and CWPL can manage your overseas litigation by using your own Australian solicitor.

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