Property inheritance abroad: how do you manage an international estate?
Inheriting a property abroad may seem like a great opportunity. However, it often involves complex legal and tax challenges.
The assistance of a lawyer specialising in international succession law will help you to understand your rights and obligations while protecting your assets.
What is an international succession?
The first step is to determine the applicable law. This makes it possible to identify the heirs and determine their rights. An estate is said to be international if the deceased’s assets include property located abroad or if the heirs reside in different countries.
Such a process involves complex legal and tax considerations. Every country has its own rules about inheritance. Some countries have strict inheritance laws, while others have greater freedom to make wills.
Consulting a lawyer experienced in this field can help you avoid costly mistakes. In Montreal, Sabbagh et Associé Inc. is a reference in this field.
The tax implications of an international succession
The tax aspects of an international inheritance can quickly become a headache. In some cases, you may have to pay inheritance tax in both the country where the property is located and the country where you live. Fortunately, several countries have signed tax treaties to avoid double taxation.
A lawyer specialising in international law will be able to advise you on how to minimise costs. He or she will help you navigate the regulations and identify the steps you need to take.
Transfer of ownership in an international succession
Obtaining official title to a property inherited abroad is often a long and complex process. It requires the involvement of several authorities and the submission of numerous legal documents. Legal assistance is essential to avoid mistakes that could lead to delays or unexpected costs.
Dans les successions impliquant plusieurs pays, l’accompagnement par un expert en droit international est indispensable. Il saura coordonner les formalités pour assurer une transition fluide.
What can be done with your inherited property abroad?
Once the property has officially been transferred into your name, you have several options:
- Rental: this generates income, but involves local and international tax obligations.
- Sell it: you could be taxed on capital gains in the country where the property is located.
- Keep it as a second home: you’ll need to plan for its upkeep and consider the implications for future inheritance.
Each option has specific legal and tax implications. A specialist in inheritance law will be able to advise you on the best solution for your situation. If you have an inheritance that is blocked abroad, it is important to understand the procedures for recovering it.
So if you decide to keep this property, you should consider updating your will. This will ensure a smoother handover to your heirs and avoid legal complications.
An opportunity to be managed carefully
Inheriting a property abroad can be a challenge, but it can also be a great opportunity. With the right legal and tax preparation, it can be a rewarding experience.
The rules governing international successions vary considerably from one country to another. If a foreign will is involved, it is therefore essential to obtain information and to consult a qualified lawyer.
Do you need assistance?
If you are a Montrealer or an expatriate and you have inherited property abroad, you may wish to consult an expert in the field. Sabbagh et Associés Inc. offers personalised assistance.
For more information, please leave us a message using our contact form. You can also contact us directly by phone.