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Family Law Solicitors | Filing For Divorce In Uk | Legal Advice Family Law

The word probate is derived from the Classic Latin word probatus which means proven

. International probate is basically a legal process by which the property and assets of a deceased are appropriately distributed among the beneficiaries or heirs in accordance with a will written by the deceased. The main objective of the court is to ensure that any taxes, debts or other valid claims are paid off before the assets get distributed among its beneficiaries. The proceedings of an international probate may take an agonizing period of several years to get sorted.

An international probate is also a certificate issued by the court stating that the will of the dead is legally valid and the beneficiaries mentioned in the will are allowed to legally administer their estate. The international probate certifies this particular fact. There are some cases wherein one of the spouse die and the other automatically gets the sole authority of the estate whether a will is written or not. The court entitles the person with the assets that his/her spouse has left behind after his/her death.

At times there are unique cases of international probate wherein one finds beneficiaries of estates whose owners lived in different countries. Such cases are handled by taking a few easy steps like simple title transfers, distribution of sizeable assets, probate litigation and contesting of wills. There are different tax consequences for such cases depending on whether the beneficiaries live in the country where the estate belongs or are they visitors to the country or whether they are undocumented aliens to the country.

There are a few cases when the beneficiaries or heirs of the assets go missing. For such cases there are various agencies that find the missing heirs and make sure that the proceedings are carried out properly. There are organizations that find the missing heirs or next of kin. They make sure that the legal proceedings of paying off taxes and claiming a particular estate is completed by finding the missing beneficiaries of the deceaseds assets.

There are genealogists available who contribute their share in finding missing beneficiaries. They follow certain rules to search for the missing beneficiaries and then report to their organization. Such organizations help out lawyers, executors, trustees, administrators or personal representatives. A group of professionals work for the organization. There are online web sites available for the same purpose as well. It also helps the clients find the missing beneficiaries in case of international probate in a cost-effective manner.

At times a party can also challenge any international probate decisions. For instance a challenge to validity of wills which is known as will contest or a challenge to the identity of the heirs. Many a times there are such situations where the heirs live in a different country and the deceased had lived in another nation all together. In such international probate cases if another aspect gets included to it like the deceased having adopted children then it becomes a totally different case of international probate. During such times a question can be raised as to who will be the actual claimer of the assets. Such conditions do get very challenging in case of an international probate.

All sorts of legal procedures related to international probate fall under the jurisdiction of the family division of the High Court of Justice by virtue of Section 25 of the Senior Courts Act 1981. The High Court is the one who can actually issue all the documents relating to international probate which further gives the right to deal with the deceased persons assets. International probate is something to be dealt with lot of caution and sincerity.

by: mchllstapelberg
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