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Navigating international estate disputes

On Behalf of | May 9, 2024 | Firm News |

When dealing with estate disagreements that span different countries, there are many legal factors to consider. It is important to recognize these complexities as they can greatly impact the litigation procedure.

Understanding these intricacies can help families navigate the process more effectively.

Jurisdictional issues

A prominent challenge in international estate disputes is figuring out which country’s rules control how assets are shared. Every country has its own laws about inheritance and handling estates. This can lead to conflicts when these laws do not have the same rules. Deciding which laws apply can be tricky and may take time to evaluate.

Recognition of foreign wills and documents

In these disputes, it can be difficult to tell if wills and legal papers from other countries are valid. Some countries might not accept wills made in other places, which makes the process more complicated.

Families might have to work through getting approval for these papers in multiple countries.

Cultural and language barriers

Differences in cultures and languages can make international estate conflicts even tougher. Different customs, traditions and legal terms can lead to misunderstandings. Effective communication and collaboration between parties from different cultural backgrounds are vital for resolving disputes and reaching a fair outcome.

Enforcement of judgments

Even if a decision happens in one country, carrying it out in another can be difficult because legal systems and manners of enforcing rules are different. This might require additional legal steps, which can impact the time and resources needed to reach a resolution.

While international estate disputes come with particular challenges, knowing these details can help families understand and handle these conflicts while ensuring assets are divided fairly across countries.

Founding Partners Damaso W. Saavedra and Allyson D. Goodwin