International succession

Inheriting assets from different countries is usually called international succession. It’s a common situation, but also complex. To ensure it goes well, you need to identify the applicable law, gather all the necessary documents, and comply with all the procedures in each jurisdiction.

The best course of action in these cases is to seek specialized legal advice, which will help you understand inheritance laws and taxation in each country, avoiding double taxation.

Is it possible to receive an inheritance from another country?

Yes, it is possible to inherit assets abroad. But as we’ve said, the process can be complex, more so than with inheritances received from within the same country.

How everything unfolds will depend on the laws of the countries where the assets are located and the inheritance rules that apply.

In some cases, the inheritance acceptance process must be completed in more than one country. This usually involves additional procedures, taxes, and paperwork.

When are we dealing with an international inheritance?

Now that we know that receiving assets from different countries in an inheritance is possible, we need to know when it is considered an international succession.

An inheritance is considered international if the deceased, the heirs, or the assets included in the estate are in different countries. Therefore, when a person dies leaving assets in different countries, the inheritance is considered international or cross-border.

Since each country has its own inheritance system, conflicts can arise between different legal frameworks. The general rule is that assets are governed by the laws and regulations of the country where they are located.

In these cases, the heirs face a complicated process, with different taxes and deadlines in each jurisdiction.

Therefore, to properly manage this type of inheritance, it is essential to know the applicable laws and agreements between countries.

Challenges of international inheritance

If an inheritance that has an estate composed of assets from the same country is complex, one with different origins is much more so.

The main difficulties in terms of legal and administrative obstacles are:

Applicable legislation. Each country has its own rules regarding inheritance, which can lead to conflicts if the laws regulate it differently.
Taxes and expenses. The amount for these items varies depending on the country and there may be specific conditions for foreigners.
Procedures and documents. Various procedures must be carried out, such as translations, obtaining certificates, and legalizations, which can make the process considerably slower.
Conflicts between heirs. If there are heirs from different countries, disputes may arise regarding the application of the laws or the division of assets.
Timeframes and resolution times. In each country, the timeframes may vary, sometimes taking years, especially if there is a lack of agreement between heirs.

Taking these difficulties into account, it will be possible to make a correct distribution of the inheritance that guarantees equitable distribution, thus avoiding conflicts between the heirs.

Key steps in inheritance with international assets

To carry out the international inheritance process, the following steps must be followed:

Determining the applicable law. The first step is to find out what the regulations are in all the countries where there are assets included in the estate.
Gather documentation. Once you know which laws to follow, you will need to find the necessary documentation for the process, such as the death certificate, the will, the heirs, etc.
Apply for the European Certificate of Succession (ECS). For assets located in European Union countries, it greatly simplifies the process.
Complete the necessary procedures in each country. Probate proceedings are initiated before a notary or judge in the location of the assets.
Tax aspects. Taxes may differ from country to country, and it is also necessary to review the treaties to avoid double taxation.

Important recommendations

The main recommendations regarding international inheritances are:

Legal advice. Seeking expert legal guidance is the most effective way to navigate cross-border tax laws and prevent double taxation.
Wait. You must be patient; these kinds of processes are slower.
Communication. Maintain open communication with everyone involved in the inheritance.
Read before signing. Do not sign any document without fully understanding it.

To sum up, an inheritance is considered international if the deceased, the heirs, or the assets included in the estate are in different countries. The process for this type of inheritance is more complex, requiring consideration of applicable legislation, taxes, and longer timeframes. To avoid problems, it is essential to have specialized legal advice to ensure compliance with international regulations and facilitate access to the inheritance. At Firmalex, we’d be happy to help you.

Further information

This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.

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