# overseas will & Irish benefactors



## Horatio (29 Jun 2009)

Hi,
I'm living & working overseas for several years & I'm currently drawing up a will with Irish executors & benefactors & it raises a few questions.

(1) I am writing a will overseas. Does this will stand under Irish Law or must I do up my will in Ireland? 
(2) I work overseas, my properties are overseas, I am a tax resident overseas, where is my domicile? Is it overseas or Ireland? 
(3) Where will my probate be carried out? Overseasor Ireland? 

I am an Irish citizen with Permanent Resident Status overseas.

thanks for any advice.
H


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## mf1 (29 Jun 2009)

I understand Domicile to be where you have your permanent home. If you intend to return to Ireland in due course and are simply residing overseas, you may be regarded as having an Irish domicile but it is quite a tricky one. 

I assume that Probate would be extracted in the jurisdiction where the assets are. On your death, the assets can be liquidated where they are and the proceeds remitted if necessary. Or the assets could be transferred into your beneficiaries names. 

I'd go for a Will where your assets are.

mf


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## Horatio (1 Jul 2009)

Horatio said:


> Hi,
> I'm living & working overseas for several years & I'm currently drawing up a will with Irish executors & benefactors & it raises a few questions.
> 
> (1) I am writing a will overseas. Does this will stand under Irish Law or must I do up my will in Ireland?
> ...


 
thanks mf1

I can't find an answer to (1) anywhere on the web - do any legal eagles have an opininion on this?
mf1 - you are correct on (2) I am in fact domiciled where I live, although my "domicilie of origin" is Ireland.
I also can't get an answer on this. If anyone can explain what probate means to me it'd be a great starting point.


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## ramble (2 Jul 2009)

You are domiciled overseas and all of your assets are there. When you die a process must be gone through to establish who has the right to inherit from you.  This process is called probate.  If you have a will the people named as exectors in the will orgainse the process and take charge of your assets following your death making sure that your assets go to the right people. If you appoint Irish people to be executors depending on how far overseas you are it may be very inconvenient as they will have to travel to your country at least once, and probably much more often to settle your affairs.  The lawyer appointed to manage the process will have to deal with overseas people, which can be difficult, but is not impossible.

The other issue you need to consider is Inheritance tax.  The people who benefit from your estate may have to pay tax in your country, they may also have to pay tax in ireland if they are domiciled here.  Many countries have double taxation agreements with Ireland, but not all.  In general the beneficiaries end up paying the larger of the two taxes split between the two countries.

Your current advisor should be able to tell you how easy or difficult it will be to have Irish executors and what the likely tax implications are in that country.  If you want to know about Irish tax you will have to talk to an Irish advisor.


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## Horatio (6 Jul 2009)

Ramble,
thanks for the reply - it's starting to look complex.


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