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Publication date: 20.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
International inheritance, as a process of transferring property and rights from the deceased to the heirs, is becoming increasingly relevant in a world where people increasingly have connections with different countries. In this article, we will look at the main aspects of international inheritance, including the problems and challenges that arise when inheriting property abroad, as well as the mechanisms of international legal cooperation.
Aspects of international inheritance
Legal differences: Each country has its own inheritance law, which can lead to different legal consequences in case of inheritance of property in several countries at the same time. This can complicate the process of determining the legal status of property and the rights of heirs.
International tax implications: International inheritance may have tax implications in each of the countries where the property is located, as well as for the heirs, depending on their residence and nationality. This may require complex tax calculations and optimisation of tax liabilities.
Issues of enforcement: Enforcement of property inheritance decisions can be complicated due to differences in legal systems and differences in interpretation of the law. This can lead to delays in the transfer of property to heirs and conflicts between them.
Opportunities for effective international inheritance
Legal advice: A qualified lawyer with experience in international inheritance can provide valuable advice and help you navigate complex legal issues.
International estate planning: Tailored inheritance planning can help avoid double taxation and minimise tax liabilities for heirs.
International treaties and conventions: The conclusion of international agreements and conventions, such as The Hague Convention on Inheritance, can simplify the recognition and enforcement of decisions on inheritance between member states.
International legal cooperation
The Hague Convention on Succession: This convention establishes international rules for the recognition and enforcement of decisions on the inheritance of property between states parties.
Mutual Assistance Agreement on Inheritance: Many countries enter into mutual assistance agreements to facilitate the recognition and enforcement of inheritance decisions between them.
Internationalisation of inheritance law: The growth of international relations is stimulating the internationalisation of inheritance law and the development of common standards in this area.
The role of the lawyer in international inheritance
A lawyer plays a key role in international inheritance by providing legal advice and representation to heirs in different countries. They help to understand legal differences, resolve conflicts and ensure that inheritance decisions are enforced in accordance with international standards and legislation. In addition, the lawyer provides consultations on the following issues: inheritance by law inheritance by will, inheritance of property by will, types of inheritance by will, inheritance by law and will, inheritance by law is inheritance is carried out by will and by law and other.
In summary, international inheritance raises numerous legal and practical challenges that require careful consideration and competent legal support. With the involvement of a qualified lawyer, heirs can ensure the protection of their rights and effectively manage inherited property in different countries.
