1. When Do International Inheritance Laws Apply?

Your estate may be subject to foreign laws if:

You own real estate in another country
You live abroad (residency or domicile)
You hold dual citizenship
Your spouse or children live overseas
You have international bank accounts or investments
You are part of a multinational or blended family

Once you cross borders, your home country’s rules may no longer control everything.

🌍 2. Different Countries Have Different Approaches to Inheritance

There are two major systems worldwide:

✓ Common Law System (U.S., U.K., Canada, Australia)

Will-based
Testamentary freedom — you choose who inherits
Trusts are widely recognized

✓ Civil Law System (Europe, Latin America, Asia, Middle East)

Forced heirship laws
Children or spouses must inherit certain shares
Trusts may not be recognized

If you have ties to both systems, your plan must account for differences.

🌍 3. Forced Heirship: A Major Issue for International Families

Many countries require that a portion of your estate be left to:

Children
Spouses
Sometimes parents

This can override your U.S. will or trust.

Countries with forced heirship include:
🇫🇷 France • 🇩🇪 Germany • 🇮🇹 Italy • 🇪🇸 Spain • 🇵🇹 Portugal • 🇯🇵 Japan • 🇨🇳 China • 🇧🇷 Brazil • many Middle Eastern nations

If you try to disinherit someone in one of these countries, your plan may be ignored.

🌍 4. Real Estate Is Governed by Local Law

One of the biggest traps:

Foreign property is controlled by the law of the country where it is located — not where you live.

This can affect:

Taxes
Probate
Ownership rules
Inheritance shares

Without planning, your U.S. family may need to hire foreign lawyers, translators, and navigate overseas courts.

🌍 5. International Taxes May Apply

Tax exposure can come from:

U.S. estate taxes
Foreign inheritance taxes
Double taxation
Transfer duty or stamp duty
Capital gains tax on inherited property

Tax treaties may help — but only with proper planning.

🌍 6. Your U.S. Will May Not Be Valid Abroad

Some countries require:

Specific witnessing rules
Local registration
Local language
Special formats

A U.S. will alone may fail overseas.
Many global families use:

✔ Multijurisdictional wills
✔ Separate foreign wills
✔ International trust structures

🌍 7. Trusts Are Not Recognized Everywhere

The biggest mistake international clients make is assuming the trust you set up in the U.S. will work globally.

Many countries:

Don’t recognize trusts
Treat them as tax shelters
Apply penalties or extra taxes
Require special reporting

Alternative structures may be needed depending on the jurisdiction.

🌍 8. U.S. Citizens Living Abroad Still Must Follow U.S. Tax Laws

Even if you live abroad for decades, the IRS still taxes worldwide assets.
Your estate plan must account for:

U.S. estate tax
Foreign estate / inheritance tax
FATCA reporting rules
Residency rules abroad

🌍 9. Cross-Border Marriage Complications

If your spouse is not a U.S. citizen, special rules apply.

You may need:

A QDOT trust (Qualified Domestic Trust)
International marital agreements
Special tax planning

Without this, a non-citizen spouse may owe large taxes on inheritance.

🌍 10. Why You Need a Global Estate Plan

An effective international estate plan coordinates:

U.S. laws
Foreign laws
Tax treaties
Family needs
Property location
Citizenship & residency

A cross-border attorney ensures that your plan holds up in every country that matters to you.

Final Thought: International Lives Need International Plans

If your assets, life, or family span more than one country, you need an estate plan that respects all the jurisdictions involved — not just one.
International inheritance laws can save your estate… or destroy your intentions if ignored.

Your legacy should travel across borders just as easily as you do.