German Domicile Estate with English Assets

Trusts Discussion
1

The deceased moved to Germany in the 1970s, married and established her life in Germany and is domiciled in Germany. She made a German Will declaring German domicile and residence, leaving her German estate to German designated heirs, being nieces and nephews, and left her English savings accounts to her brothers in England. The value of the English savings accounts is above the usual indemnity level and would usually require a Grant.

We have been instructed to deal with the English aspect as this has not progressed. Has anyone had experience of this and what documentation should be obtained to get the release of the English assets? Can the English beneficiaries deal with this or is it necessary to go through the German executor, the German Will setting out for a the probate court to nominate an appropriate executor?

Any assistance would be greatly appreciated.

Aileen Hirst
Solicitor TEP, Wills and Estates

2

I have had a similar situation recently whereby the deceased was domiciled in Germany and left a German Will but English banks are requesting a Grant.

If the German equivalent of a Grant is obtained, this could be sent to the probate registry for resettling which would then be accepted by the banks. Alternatively, the probate registry advised that we could apply for a Grant under Rule 30(1)(a) and referred us to Tristram and Cootes.

We haven’t applied for anything yet but hope this is of some help!

Sarah Walker
Goodswens