183: Beyond Borders: International Estate Planning Essentials for Families (Part 3)

Absolute Trust Talk

In this final installment of Absolute Trust Talk's international estate planning series, host Kirsten Howe concludes her conversation with estate planning specialist Janet Brewer, addressing one of the most common cross-border scenarios: U.S. citizens who own property abroad. Janet, with over 30 years of experience serving Silicon Valley's international clientele, explains why simply leaving foreign property to your US trust won't work, since most countries don't recognize trusts at all.

This episode highlights the crucial distinction between countries that recognize trusts (primarily former British colonies) and those that don't, and examines practical solutions, including the Hague Convention on International Wills and strategic "situs wills," which can prevent costly intestate succession. Janet shares how to navigate the complex process of probating wills in multiple countries and introduces listeners to STEP (Society of Trust and Estate Practitioners), an invaluable resource for finding qualified international estate planning professionals worldwide. Whether you've inherited a cottage in England, own investment property in India, or have family assets in China, this episode provides essential guidance for protecting your foreign holdings and ensuring your wishes are honored across borders.

Time-stamped Show Notes:

0:00 Introduction

2:27 Janet explains the fundamental problem: Most countries don't recognize trusts, making standard US estate planning ineffective for foreign property

3:04 Discover which countries DO recognize trusts: primarily former British colonies like England, while Germany, China, and France do not

3:08 Learn about the Hague Convention on International Wills - a treaty that allows properly formatted wills to be honored across participating countries

5:57 The reality check: Most clients have their primary assets in the US but own that "little pocket of assets" overseas

6:07 Janet walks through the practical challenge of having one original will needed in two different countries

7:03 Strategic will drafting: How to structure wills to handle both US trusts and foreign property distributions effectively

10:07 Why you MUST work with an attorney in the foreign jurisdiction - forced heirship laws and other local requirements can override your US planning

11:10 Meet STEP: The Society of Trust and Estate Practitioners - your go-to resource for finding qualified international estate planning professionals

12:53 How STEP membership requirements vary by country, with stricter vetting in the UK compared to more relaxed US standards

13:56 Closing thoughts and appreciation for the three-part international estate planning series