Legal Insights

Marriage, divorce, the birth of a child, the acquisition of property in a new jurisdiction — each of these can affect the validity or effect of your will in ways that are not always obvious at the time. We explain the circumstances that most commonly require a will review, and what the consequences of not reviewing can be.

The type of trust chosen has a direct impact on how assets are held, who has access to them, and how the structure is treated for tax and reporting purposes in the relevant jurisdictions. The distinction matters particularly for families with assets in multiple countries.

In many legal systems, domicile is a factor in deciding which country’s succession law governs the distribution of a person’s estate. For people with assets or family connections abroad, the question of domicile can affect whether a will is recognised, which forced heirship rules may apply, and how much tax is payable. The approach differs between jurisdictions.

When someone dies without a will, or when the executor named in the will is unable or unwilling to act, letters of administration, or an equivalent authority, may be required instead of a grant of probate. The process can differ in important respects, including who may apply, what security may be required, and how the estate is distributed. These points vary by jurisdiction.

A will may be challenged on grounds that can include lack of testamentary capacity, undue influence, lack of due execution, and fraud. Which grounds are available, and what each requires, depend on the applicable law. Courts generally give effect to a testator’s clearly expressed wishes where possible, but where genuine grounds exist, a challenge may be well-founded. We explain what each ground can involve in practice.

For families whose wealth is held primarily through a business, succession planning involves more than a will. A family constitution, shareholder agreement, and trust structure working together can ensure that control passes in an orderly way and that those outside the business are treated fairly — without forcing a sale of the underlying enterprise.

Being named as executor can carry real legal responsibilities. An executor may be expected to collect the estate’s assets, pay debts, file required returns, account to beneficiaries, and distribute the estate — all within the framework of the applicable law. Personal liability can arise where these duties are not performed correctly, which is why early advice is valuable.

Accepting a trusteeship carries obligations that many individuals do not fully appreciate when they agree to act. The duty of prudent investment, the duty of impartiality between beneficiaries, the duty to keep accounts, and the duty not to profit from the trust are commonly cited trustee duties, but their scope depends on the governing law, not simply on good practice.

Where a grant of probate or letters of administration has been obtained in one jurisdiction, it may in some other jurisdictions be possible to have that grant recognised or re-sealed rather than applying for a fresh grant. This is generally faster and less costly where available, but it is not always available, and its scope is not unlimited. We explain when recognition may work and when a separate application is required.

In some jurisdictions, certain individuals who are not adequately provided for in a will or under the intestacy rules may apply to the court for financial provision from the estate. The categories of eligible applicant, the standard of provision, and the factors the court considers differ between jurisdictions and are often matters of considerable complexity.

Where a person dies without a valid will, the law of the applicable jurisdiction determines who inherits and in what proportions. The result frequently differs from what the deceased would have wanted — particularly for cohabiting couples, for estranged family members who receive an unexpected share, and for charities that receive nothing. The rules differ between jurisdictions.

Asset protection trusts are established with the intention of placing assets beyond the reach of future creditors. Many legal systems impose limits on this — for example through rules on transactions at an undervalue and on fraudulent dispositions. We set out what protection a properly structured trust can and cannot provide.