Tag: Drafting a Will

For everyone who has returned to Serbia after living abroad, especially those of retirement age, as well as individuals in their working years who own assets in two or more countries, this is an issue of great importance that requires a serious and professional approach due to its complexity.

Properly drafting a will that covers assets located in multiple countries requires careful coordination between different legal systems, as domestic courts and notaries generally do not have jurisdiction over real estate located abroad.

Whenever the assets, the heirs, or the deceased have connections with different countries, the rules of international succession law apply. Differences in national inheritance laws and tax regulations make these estates particularly complex and require a comprehensive understanding of international legal principles. Special attention should be given to double taxation treaties, jurisdictional issues, and the determination of the applicable law.

The complexity of these matters, particularly when assets are located in several jurisdictions, requires fully customized solutions that are both legally sound and economically beneficial for the property owner and their heirs.

Key Considerations for Owners of International Assets

1. Preparing an International Will 

It is possible to prepare an international will recognized in a number of countries that are parties to the 1973 Washington Convention. Such a will is made in writing and executed before a notary in the presence of two witnesses. This format significantly simplifies the inheritance process by ensuring the will remains valid internationally, regardless of where it was signed or where the assets are located.

2. Choosing the Applicable Law

Your will may expressly state that the law of the country of your nationality should govern your estate. This can significantly reduce the possibility that the inheritance will instead be governed by the mandatory rules of another country.

3. Preparing Multiple Wills

In many situations, preparing separate wills for each country in which you own assets is the safest and most efficient solution. This approach often facilitates smoother probate proceedings in each jurisdiction.

4. Inheritance Tax

Inheritance tax is generally determined by the laws of the country where the property is located. This is particularly important for heirs, who may need to complete separate legal procedures in each relevant jurisdiction.

5. Trusts, Foundations, and Other Estate Planning Tools

Depending on the legal system involved, trusts, foundations, and other legal structures may provide an effective way to protect assets and ensure an efficient transfer of wealth to future generations.

Professional Assistance with International Estate Planning

Because of the complexity of cross-border inheritance matters, professional legal guidance from specialists in international succession law is essential.

Our team can assist you in preparing legally secure wills and comprehensive estate planning strategies designed to avoid cross-border disputes and ensure that your wishes are carried out efficiently.

We also provide assistance in managing assets located in different countries, including real estate, bank accounts, financial investments, and business interests. This involves coordinating with foreign legal professionals, government authorities, and financial institutions to ensure a transparent, compliant, and efficient transfer of assets to your heirs.