A will leaves an apartment in one country and bank accounts in two others to the same family. Before anyone can transfer those assets, the family needs to establish which law governs the succession, who has authority to act and what each receiving institution requires. A cross-border inheritance plan connects those legal questions with the practical work needed to complete the transfer.
The work begins with the people, documents and assets involved. Our firm assists with the Israeli side of cross-border inheritance and estate matters, coordinates foreign advice and represents clients where questions about wills, authority or access to assets become disputes.
Build a country-by-country picture of the estate
Consider a person who lived in Israel, owned an apartment abroad and held accounts in several countries. Citizenship, residence, family relationships and the location and ownership of each asset may all matter. The same document may answer one institution’s question while leaving another unresolved.
The first review should identify the wills and amendments, any existing orders, the relevant family relationships and the way assets are held. Joint ownership, beneficiary arrangements and company interests need to be examined rather than assumed to pass through the estate in the same way.
The 2010 House of Lords discussion of cross-border succession describes the difficulty created by different national approaches. The legal route and the documents needed to implement it must be considered together.
- Authority: identify the available proceedings and the role of existing orders or pending applications.
- Inheritance law: establish the relevant connecting factors, any valid choice of law and the issues covered by that law.
- Powers to act: check the status and powers needed to collect, manage, sell or distribute each asset.
- Documents: obtain the recipient’s requirements for orders, identity evidence, translations and authentication.
- Funds and dates: identify debts, preservation costs, tax questions, filing dates and available estate funds.
Separate jurisdiction, governing law and asset transfer
Jurisdiction concerns the authority dealing with the matter. Governing law concerns the rules used to determine inheritance. An institution’s requirements for releasing funds or registering property are a further question. Combining them into a single assumption can lead to an incomplete application or conflicting advice.
Our firm reviews these questions for the Israeli part of the estate and coordinates them with counsel in the other countries involved. We identify where an Israeli inheritance or probate application, an opinion on foreign law or further documents need to be considered. A foreign order should be reviewed for the use proposed in Israel, rather than treated as automatically sufficient.
For assets abroad, the receiving lawyer, court, registry or financial institution may need different evidence. Obtaining that requirement early helps the family avoid commissioning documents or translations that do not answer the recipient’s question.
Understand the EU framework without treating it as a global rule
The EU Succession Regulation provides a framework for participating EU states. It generally applies to the succession of people who died on or after 17 August 2015. Its general applicable-law rule points to the deceased’s habitual residence at death, subject to the Regulation’s exceptions and a valid choice of law.
The European notarial handbook on the Succession Regulation explains the framework and its examples. The applicable law can be the law of a non-EU country. The countries holding the assets must also be considered separately, including their tax, matrimonial-property and registration rules.
Under the Regulation, a person may choose the law of a state whose nationality they hold when making the choice or at death. A person with multiple nationalities has the choice described by that rule. The Your Europe guidance on inheritance planning offers an accessible introduction.
The form matters. Article 22 provides for an express choice in a declaration in the form of a disposition of property upon death, or a choice demonstrated by the terms of such a disposition. Any proposed declaration needs to meet the applicable form and validity requirements. Our firm coordinates the proposed election with the wills and the foreign advice needed for the assets involved.
Denmark and Ireland do not participate in this framework, and the United Kingdom is also outside it. The Ridley & Hall explanation of the 2015 succession rules describes the position when the rules began. For example, a British national with property in a participating state may still need advice on the Regulation when planning that property’s succession.
Check family protections and coordinate the wills
A will should be reviewed against the law that governs the succession and the family rights relevant to the estate. Reserved shares, claims by close family members, marital-property questions and the treatment of lifetime gifts can affect the intended distribution. Their effect cannot be decided by describing a country as simply a civil-law or common-law system.
The EU guidance on the law governing inheritance explains that the applicable inheritance law addresses beneficiaries, reserved shares and other succession questions. A nationality-based election can affect that analysis. Review its effect on the proposed beneficiaries alongside any mandatory protections and local restrictions.
Where several wills are proposed, they must be coordinated. Our firm reviews their intended scope, revocation wording and relationship with other arrangements. The aim is to avoid one document unintentionally cancelling or contradicting another, while addressing the formalities and practical needs of the jurisdictions involved.
Establish authority and prepare documents for their intended use
After a death, the file should identify who is entitled to apply and what powers are required. Authority to inherit is not necessarily the same as authority to manage an account, sell land or represent an estate in proceedings.
Our firm reviews the available death and civil-status records, original wills, orders, identity documents and asset information. We then address the Israeli application and document requirements and coordinate the material needed abroad. Authentication and translation should be arranged for the particular recipient and purpose, not on the assumption that every foreign document needs the same treatment.
The California practitioner discussion of international probate describes how international elements can complicate a California estate. A practical administration timetable should identify the actual applications, missing evidence, disputed questions and institutional requirements.
Within the participating EU framework, the European Certificate of Succession can be used by heirs, certain legatees, executors and administrators to demonstrate their status, rights or powers in another participating state. The European Commission citizen’s guide to cross-border successions explains its practical role.
The Certificate is optional and does not replace domestic documents used for similar purposes. Its effects operate within the participating framework, with tax and local registration requirements considered separately. We check whether it is useful for the proposed task and what further information the recipient needs.
Separate a property sale from the inheritance process
Inherited real estate may need to be maintained, insured, valued or sold while the family is still dealing with administration. Before agreeing a sale, establish who can sign, whether an order or consent is needed, how proceeds will be held and what debts or taxes must be addressed.
The My Property Nation guide to selling inherited Florida property concerns Florida sales from a commercial property-buyer’s perspective. Sale options should be considered alongside the authority and advice needed to complete the transaction.
When a property is ready for marketing, the Florida property-sale guide can provide commercial background. Our firm addresses the relevant legal work and coordinates the transaction with the estate administration, including questions about the authority to sign and the treatment of sale proceeds.
Coordinate tax, estate expenses and access to funds
The law governing inheritance and the tax treatment of an estate are separate matters. A choice of succession law does not itself choose the tax rules. The review needs the relevant countries, asset ownership, residence history, citizenship where relevant and the dates of transfers or death.
The World Property Investor discussion of foreign-property inheritance tax illustrates the questions foreign property can raise. Tax conclusions need current advice for the particular countries and dates, including any applicable relief, reporting and transition rules. Our firm coordinates the Israeli legal work with the client’s tax advisers and foreign counsel.
Access to bank funds should also be checked institution by institution. We identify the account, the proposed transaction and the evidence the institution requests, then address missing documents or disputed requirements. The response should distinguish a missing document from a disagreement about ownership, authority or the proposed use of funds.
The estate also needs a practical plan for preservation costs, debts, fees and possible tax liabilities. We help connect the authority to act with the proposed payments and distributions so that urgent expenses are considered before funds are committed or divided.
Address disagreements before documents are signed or assets distributed
Disputes may concern the will, family status, ownership, the conduct of an administrator or a proposed distribution. Our firm reviews the documents and chronology, advises on the Israeli legal options and coordinates foreign advice where another jurisdiction is involved.
A family agreement can record an agreed solution, but its wording, effect and required approvals need to be considered. Beneficiaries should understand a proposed waiver, consent or settlement before signing. Where agreement is not possible, we assist with objections, negotiations and related proceedings within the matter’s scope.
Bring the documents and the practical obstacle into the review
Bring the wills, death certificate, existing orders, asset list and correspondence from banks, registries or other advisers. Include the countries involved, the deceased’s residence and nationality history and any approaching filing or contractual dates. Tell us what needs to happen next: obtain an order, access an account, transfer a property, resolve a disagreement or review an estate plan.
RNC Group reviews the legal route, prepares the relevant documents and represents clients in communications, negotiations and proceedings concerning the Israeli side of the estate and its coordination abroad.
Connect the estate plan with the countries and assets involved.
Contact our firm about the estate plan or the transfer that needs to move forward. We review the Israeli issues, coordinate foreign advice and assist with the documents, institutions and disputes involved.
This article is for general information only and does not constitute legal advice. Laws and their application depend on the facts and jurisdiction and may change. Although we aim to keep this information accurate and current, we do not guarantee that it is complete or up to date. The article may contain omissions or errors. Reading this article does not create an attorney-client relationship with RNC Group. Before making a decision or taking action, seek advice from a qualified lawyer in the relevant jurisdiction.