Practice

Inheritance abroad

Property, accounts or a business of the deceased abroad: each country applies its own law to the assets located there, and the process has to be coordinated in parallel.

Service

What the service includes

An international inheritance is not one case but several parallel procedures: what applies in Russia is not necessarily recognised automatically in another country. Jurisdictions take different approaches to succession, from full recognition of the Russian certificate to a requirement for separate local proceedings.

We coordinate the settlement of the inheritance in each jurisdiction concerned, from establishing the applicable law to the actual registration of the heir’s rights to the foreign assets.

The approach differs considerably depending on the legal system. In common law countries such as the UK, the US and Cyprus, a probate procedure is required, with the appointment of an executor and approval by the court. In civil law countries, for example the UAE or Switzerland, succession is more often handled through a local notary on the basis of the Russian documents provided. We also deal separately with access to the deceased’s accounts abroad while the matter is being settled: banks freeze accounts until the local procedure is complete, and urgent access to part of the funds can be obtained only through direct negotiation with the bank or an application to a local court. For each jurisdiction we engage a local lawyer, but we run the matter from the Russian side as a single project, so that no time is wasted re-agreeing the same issues afresh in every country.

What the service includes:

Establishing the applicable law Settling the inheritance in each jurisdiction Recognition of the Russian certificate abroad Inheriting a business abroad Coordination across several countries
Clients

Who it is for

The situations clients most often bring to us on this topic.

Heirs to real estate in common law countries such as the UK, the US and Cyprus Families with bank accounts abroad frozen until the procedure is complete Heirs to a share in a foreign company or holding structure Relatives without the apostilled documents that a foreign notary requires
Service

How we work

A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.

I

Inventory of assets

We establish which of the deceased’s assets are abroad and in which jurisdictions. Timeframe: 3-7 days.

II

Analysis of the applicable law

We determine which law governs each asset: the law of the place where the property is located or that of the deceased’s last residence. Timeframe: 2-4 weeks.

III

Parallel settlement

We coordinate the process in every jurisdiction at the same time, to keep the overall timeframe as short as possible. Timeframe: 3-12 months, in parallel across countries.

IV

Registration of rights

We see the matter through to the actual registration of the heir’s rights to the foreign assets. Timeframe: 1-3 months per jurisdiction.

Documents

What you will need at the start

We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.

The deceased’s death certificate Documents proving the family relationship Documents for the foreign assets Apostilled copies of Russian documents
Practice

Key figures

Experience in this practice area specifically, not in practice as a whole.

4 months for documents to be recognised abroad The timeframe depends on the country and on how ready the documents are. The apostille and translation should be prepared in advance, not when they are requested.
12 countries where we most often act Most of our cases involve Europe, the UAE, the UK and the US, but the list grows every year.
50% of cases require separate local proceedings In some jurisdictions a Russian certificate is not enough, and a separate succession procedure has to be opened where the asset is located.
3 lawyers handle one international case A Russian lawyer coordinates the process, while local partners conduct the proceedings in the country where the asset is located.
10 working days for urgent access to frozen accounts Where there are pressing expenses, we seek partial access to the funds before the main procedure is complete.
30% of assets are not real estate Besides foreign real estate, our cases often involve bank accounts, brokerage accounts and shares in companies.
Practice

Common mistakes

One notary is not enough. People assume a Russian notary will formalise rights to all the estate, including foreign assets. Rights to real estate and accounts abroad are, as a rule, established separately, under the law of the country where they are located.

Documents without an apostille. Death and family relationship certificates issued in Russia are sent to foreign authorities without an apostille or consular legalisation. A document without proper certification is not accepted, and the whole procedure has to be repeated, wasting time.

Russian time limits taken as universal. The six-month time limit for accepting an inheritance, familiar from Russian law, is wrongly assumed to apply everywhere. Many countries set their own procedural deadlines and rules for accepting an inheritance, and missing them can cost you your rights to the foreign part of the estate even if everything in Russia was done correctly.

Result

What you get

Rights to foreign assets, formalised under local law. The client receives title documents recognised in the country where the asset is located, from real estate to accounts.

Unfrozen accounts and access to foreign funds. Once the local procedure is complete, the client has full access to the deceased’s bank accounts abroad.

A coordinated set of documents for each jurisdiction. Apostilled and translated documents are accepted by local notaries and courts without further requests.

A single picture of the assets in every country. The client receives a clear structure of the entire inherited estate, from a Russian flat to a business abroad.

FAQ

Frequently asked questions

Is a Russian certificate of inheritance recognised abroad?+

Not always automatically. It depends on the jurisdiction and on whether international agreements exist, and in some cases separate local proceedings are required.

What if the deceased left no will and has assets in several countries?+

Intestate succession may be determined differently in each country, so we establish the applicable law for each asset separately.

How long does it take to settle an international inheritance?+

From a few months to a year or more, depending on the number of jurisdictions and whether there are disputes between the heirs.

How is a business inherited if it is registered abroad?+

It depends on the corporate law of the country of registration and on whether there is a shareholders’ agreement with provisions for the death of a participant. That is exactly why such provisions should be made in advance.

Which country’s law applies if the deceased lived abroad and the property is in several countries?+

As a rule, movable property is inherited under the law of the country of the deceased’s last residence, and real estate under the law of the country where it is located, unless an international treaty provides otherwise.

Can I settle an inheritance in Russia while abroad, without travelling there in person?+

Yes. You issue a power of attorney to a representative in Russia, legalised or apostilled where the heir is located. On that basis the representative collects the documents and applies to the notary.