International succession & estate planning

Begin with the people and the assets

An international estate can involve the laws of the deceased’s residence, nationality, domicile and asset locations, as well as the beneficiaries’ circumstances. The correct analysis depends on the relevant countries and asset types. A will that works well in one place may need coordination with documents and procedures elsewhere.

Build an asset register showing legal owner, institution, location, value, debt, beneficiary nomination and access arrangements. Include company shares, property, pensions, insurance, trusts, digital assets and intellectual property. Record who should make decisions if the owner loses capacity, since incapacity and death require different arrangements.

How the analysis fits together

Use an asset-by-asset matrix. Record the legal owner, location, governing arrangements, likely succession process, potential tax connections and person who can obtain access. Company shares, pension nominations, jointly held property and assets held through a trust may follow different mechanisms. Treating the whole estate as if one will controls every asset can leave important gaps.

Plan for incapacity as well as death. The person entitled to inherit shares may not be able to run the business, access institutional accounts or act before a formal appointment. Document where originals are held, who can contact advisers and how urgent bills are funded. Digital access instructions should support lawful authority and security; they are not a substitute for the legal ability to administer an estate.

Assessment sequence

This is a review framework. The applicable domestic provisions and any relevant treaty determine the result in a particular case.

Separate succession law from tax

The EU succession framework illustrates the distinction. In participating states, habitual residence generally guides the applicable law and jurisdiction, with a possible choice of nationality law under the relevant conditions. The regulation excludes inheritance-tax matters and does not operate identically in every European country.

Who inherits an asset and what tax is due on the transfer therefore require separate answers. A choice-of-law clause does not automatically remove tax in the country holding the property or where a beneficiary lives. Treaty relief, domestic exemptions and the treatment of trusts or jointly held assets need individual review.

Keep the documents coordinated

Ask the relevant advisers to reconcile wills, beneficiary nominations, shareholder agreements, marital-property arrangements, trusts and powers of attorney. Multiple wills can be useful in some situations but should not inadvertently revoke one another. Identify the person responsible for checking consistency across jurisdictions.

For a business, consider who can run it, sign payments, exercise voting rights and access essential records during an interruption. The heir who receives shares may not be ready or legally able to manage the company. A succession plan should protect staff, customers and family liquidity as well as distribute ownership.

Review after a move or major change

Residence changes can alter the tax picture. The UK’s inheritance-tax framework, for example, now uses long-term residence for relevant foreign-asset exposure and can continue to matter after departure. A plan written under an earlier domicile framework deserves a current review.

We can coordinate the international structure and appropriate specialist work around the household’s objectives. Revisit it after relocation, marriage, divorce, a birth, a major sale or a new citizenship. The useful outcome is a family that can find the documents, understand the responsibilities and obtain access through a coherent legal process.

Common misunderstandings

• A choice of succession law is not a choice to eliminate inheritance tax.
• Several wills must be coordinated so they do not unintentionally revoke or contradict each other.
• The residence of the owner and beneficiaries can change the tax analysis after the original plan is signed.