With the rise of globalization and migration, inheritance issues increasingly cross national borders. International succession arises when the deceased lived in one country but owned property in another, or when heirs are citizens of different countries. For example, a Georgian citizen died in France but left an apartment in Tbilisi, or a foreign investor left assets in Georgia. Such cases are legally complex as they raise "conflict of laws" issues: Which country's law applies? Where should the estate be opened? How to recognize a foreign will in Georgia? An incorrect approach can lead to double taxation or missing the deadline for accepting inheritance.
Managing international succession requires deep knowledge not only of Georgian legislation but also of private international law and conventions. The process involves document legalization (Apostille), translation, and coordination with notaries in different jurisdictions. Legal.ge gives you access to experts who have experience handling cross-border inheritance cases and can simplify these complex procedures.
What Does International Succession Service Cover?
This service covers all aspects for heirs abroad or receiving foreign assets:
- Determining Jurisdiction: Determining which country's court or notary is authorized to open the estate and issue a certificate.
- Executing Foreign Wills: Checking the validity of a will made abroad and executing it in Georgia (or vice versa).
- Document Legalization: Apostilling and translating death certificates, birth certificates, and wills according to international standards.
- Asset Tracing Abroad: Locating assets (real estate, accounts) abroad using international lawyer networks.
- Tax Consultation: Analyzing double taxation avoidance treaties so the heir does not have to pay tax in two countries simultaneously.
Common Real-World Scenarios
International succession often concerns emigrants and investors:
The first scenario is the "Emigrant Heir." The heir lives in the US, the deceased in Georgia. The heir cannot travel. The lawyer acts under power of attorney, accepts the inheritance, and registers the property in their name remotely.
The second case is "Foreigner's Property in Georgia." A foreigner died leaving an apartment in Georgia. Their country's laws differ from Georgia's. It is necessary to determine which law applies to the real estate (usually, the law of the location).
The third scenario is "Recognition of a Will." A person wrote a will in Germany regarding Georgian property. A Georgian notary must check if the will's form complies with Hague Convention requirements to consider it valid.
The fourth situation is "Bank Accounts." The deceased had accounts in Switzerland. A Georgian inheritance certificate is not directly valid there. Complex procedures must be followed to gain access.
Georgian Legal Framework and Regulations
International succession is regulated by Private International Law:
- Law on Private International Law: This is the main act determining which country's law applies. Generally, succession is governed by the law of the country where the deceased had their habitual residence at the time of death.
- Civil Code: Regulates issues related to real estate (Lex rei sitae — the principle of the location of the thing).
- International Conventions: The Hague Convention on the Form of Testamentary Dispositions and bilateral legal assistance treaties.
Process and Stages
The process begins with determining jurisdiction. The lawyer finds out where the estate should be opened. Then documents are collected and apostilled. If a foreigner is to receive property in Georgia, they need a Georgian notary. If a Georgian is to receive property abroad, the lawyer prepares documents for foreign colleagues. The process can last from 6 months to 2 years, depending on bureaucratic barriers between countries.
Why Legal.ge?
International succession is top-tier legal complexity. A mistake can lead to loss of property or tax fines. Legal.ge connects you with lawyers who speak foreign languages and have experience in cross-border cases. We will help you receive inheritance without borders.