In a heartbreaking turn of events, a widowed UK mother of three has found herself entwined in a complicated international probate process following the death of her husband. Despite having a solid will and estate plan, crossing borders with such matters has proven to be a traumatizing feat.
Local banks have stepped in to transfer joint accounts to her name, aiding day-to-day survival. However, obtaining control over other family assets and financial resources remains distressingly out of reach due to legal barriers and complexities.
Further complications emerged when her late husband, who served as a UK diplomat in Switzerland, passed away. This has led to an international legal quagmire. Navigating the Swiss legal system to release her husband’s will before she could even begin the UK probate process has been daunting.
Navigating probate complexities across borders
Overcoming a language barrier and numerous bureaucratic hurdles during her bereavement added to this mammoth task.
Accessing her late husband’s Swiss bank accounts demanded heavy documentation and legal expertise, with the Swiss courts’ stringent rules testing her patience at every stage.
Simultaneously, unraveling the UK estate required the validation of her husband’s will, tracking of assets, valuation, and settling any outstanding liabilities. A lack of legal uniformity between Swiss and UK laws added to these challenges.
However, she has not been alone in her struggle; a network of understanding legal advisors and diplomatic support have helped her make slow but steady progress. Despite a lost probate application and a yet to be acknowledged second application causing additional delays, her resilience remains.
Her ordeal has been further aggravated by the UK’s HM Courts and Tribunals Service’s transition to an online service in 2019. A revolution that promised reduced wait times and increased efficiency has instead resulted in extensive backlogs and long waiting durations, both for those using paper applications (average 17 weeks) and digital submissions (average six weeks).
This persisting ordeal serves as a stark reminder of the need for a more streamlined legal process. Quick, reliable, and efficient legal help is a lifeline for citizens dealing with significant losses and adversity. As the bereaved wife continues her struggle for closure, her story underscores the need for both compassion and efficiency in our legal systems, domestically and internationally.
