How To Get An Inheritance Abroad

Table of contents:

How To Get An Inheritance Abroad
How To Get An Inheritance Abroad

Video: How To Get An Inheritance Abroad

Video: How To Get An Inheritance Abroad
Video: Made an Inheritance Abroad? How to get Access to Foreign Assets -- Int'l Probate Expert explains 2024, December
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Suddenly, the good news you received that you are the heir of a certain property in another country can overshadow many problems that arise in the future, when exercising the rights to dispose of inherited assets. The specificity of receiving inheritance abroad is due to differences in the legislation of different countries.

How to get an inheritance abroad
How to get an inheritance abroad

Instructions

Step 1

First of all, you need to wait a certain amount of time to find other possible applicants for the inheritance. This period in different countries ranges from 3 to 6 months. There are two options for inheriting property abroad: following the law or an officially made will. In the absence of a will, the property is divided between the heirs according to the degree of closeness of the relationship in which they were with the testator. In most countries, this gradation is similar to that adopted in Russia: the first applicants for the inheritance are the parents, children, spouses, brothers and sisters of the testator. They are followed by granddaughters and grandchildren, grandparents, nieces and nephews, uncles and aunts.

Step 2

If you have the right to claim an inheritance, first of all, draw up an appropriate application and submit it to the notary at the place of residence of the testator. If the law allows this, then your interests can be represented by a lawyer, but, nevertheless, in most cases, your personal presence will be required. If there are valid reasons, the legislation allows the representation of the interests of the heir by his representative, subject to the availability of documents confirming the impossibility of the personal presence of the heir. You will need to submit your application within a certain period.

Step 3

One of the main components of the inheritance procedure is the payment of property taxes. In some countries, the income of the heir is taken into account when calculating the tax amount. In most cases, the tax is paid in the country where the inherited property is located. Before the tax is paid, the heir is not entitled to dispose of the property received. The next of kin can receive tax deductions and discounts, the amount of which depends on the degree of closeness to the testator. If there is no agreement between Russia and the country in which the inheritance is located to avoid double taxation, taxes will have to be paid in two countries.

Step 4

It is very difficult to independently take into account all the subtleties and nuances of inheriting property abroad, so that the inheritance procedure is in strict accordance with the law, you need to enlist the help of a competent lawyer who will help you avoid difficulties and facilitate the inheritance procedure. The situation will be simplified if there is an agreement on legal assistance between Russia and the country in which the inheritance is located, which eliminates many conflicts in foreign legislation.

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