The disagreement at the centre of this
English law starts from testamentary freedom. You may leave your estate to whoever you wish, subject to a claim by certain dependants under the Inheritance (Provision for Family and Dependants) Act 1975.
Lithuanian law starts somewhere else entirely. Close family members who could not support themselves are entitled to a mandatory share under Article 5.20 of the Civil Code, and a will cannot remove it. You are not free to disinherit them, and no amount of careful English drafting changes that if Lithuanian law governs the estate.
- Mandatory share (privalomoji palikimo dalis)
- The portion of a Lithuanian estate reserved by law for a deceased person's children, spouse or parents who were unable to support themselves. It is calculated by reference to what they would have received had there been no will at all.
Which country's law applies
For deaths after August 2015, Lithuania applies the EU Succession Regulation. The default is the law of the country where the deceased was habitually resident when they died, and it governs the estate as a whole rather than country by country. The UK is not bound by the Regulation, so it approaches the question separately.
Where were you habitually resident, and what does your will say?
Living in the UK, no choice made
English law is likely to govern
- Habitual residence is the default connecting factor
- Testamentary freedom, subject to a 1975 Act claim
- Lithuanian assets still need Lithuanian steps
- The two systems do not automatically agree
Lithuanian national who elected Lithuanian law
Lithuanian law governs
- The election has to be made in the will itself
- Mandatory shares apply to the whole estate
- Succession runs through a notary
- Predictable, but far less flexible
The practical point is that this is a choice, and it is one of very few in this area that can be made deliberately in advance. Made well, it removes the conflict before anyone has to argue about it. Left unmade, it is resolved by where you happened to be living.
The three months nobody mentions
This is the fact that costs families the most. Where there is a Lithuanian estate, an heir has three months from the date of death to accept the inheritance, either by applying to a notary or by taking actual possession of the property. Silence is not neutral. It is treated as a decision.
Day 0
Date of death
The succession opens and the clock starts. Not the date of the funeral, the grant, or the point at which the family finds the will.
Within 3 months
Accept, or apply to the court
Acceptance is made through a notary or by taking possession of the estate. Where the deadline has been missed, an extension has to be sought from the court, and it is not automatic.
After 3 months
The notarial process runs
The notary establishes the heirs, the assets and the debts, and in due course issues the certificate of the right of inheritance. Contested matters go to court instead.
In parallel
The English estate
Probate here follows its own timetable and its own rules. The two processes do not wait for each other, which is precisely why they need coordinating.
How the two systems compare
Lithuania
- Mandatory shares for certain close family
- Notarial process where nothing is contested
- Three months to accept the inheritance
- Heirs can inherit debts as well as assets
- Succession governed as a single estate
England and Wales
- Testamentary freedom, subject to 1975 Act claims
- Court-issued grant of probate or administration
- No equivalent short acceptance deadline
- Personal representatives settle debts from the estate
- Inheritance tax with a nil-rate band frozen at £325,000
What I handle
- Wills covering assets in both countries, drafted so that neither system defeats the other.
- Cross-border probate and succession, including the Lithuanian notarial process from the UK.
- Choice of law elections, where making one is the cleanest way to remove the conflict.
- Estate planning for families whose property, pensions and businesses sit in two jurisdictions.
- Inherited property in Lithuania, including registration, sale and repatriating the proceeds.
- Contested estates, including mandatory share claims and disputes between heirs.
How it works
- 01First
Establish which law governs
Habitual residence, nationality, and whether the will makes an election. Everything else follows from this answer, so it is worth getting right first.
- 02Immediately
List the assets in both countries
Property, accounts, pensions, business interests and debts. Lithuanian assets are frequently overlooked in an English estate, and the deadline runs whether or not anyone has noticed them.
- 03Within 3 months
Protect the position on time
Where there is a Lithuanian element, acceptance comes before anything else. It can be dealt with from the UK, in Lithuanian, without anyone flying anywhere.
- 04Then
Administer both estates together
Notary in Lithuania, probate in England, one solicitor coordinating rather than two firms each waiting on the other.
What it costs
Private client work is quoted case by case. Drafting a cross-border will and administering a contested estate are not comparable pieces of work. You get a written estimate before anything starts, and where a discrete step can be fixed-fee, it is.
Common questions
Does my English will cover my property in Lithuania?
It may be valid, but validity and effect are different things. If Lithuanian law governs the succession, mandatory shares apply whatever the will says, and the Lithuanian assets still have to go through the notarial process there. A will drafted with both countries in view avoids the conflict rather than discovering it later.
Can I disinherit a child under Lithuanian law?
Not freely. Article 5.20 of the Civil Code reserves a mandatory share for certain close family members who were unable to support themselves, calculated against what they would have received on intestacy. A will cannot remove that entitlement where Lithuanian law governs the estate.
How long do I have to accept a Lithuanian inheritance?
Three months from the date of death, by applying to a notary or by taking actual possession of the estate. Missing the deadline means applying to the court for an extension, which is neither automatic nor cheap. It is the most common serious mistake in cross-border estates.
Do I need to travel to Lithuania to deal with the estate?
Usually not. The notarial process can generally be handled from the UK through a properly drawn authority, in Lithuanian, without the family travelling. What matters is starting inside the deadline.
Can I choose which country's law applies to my estate?
Often yes, but only in your will and only while you are alive. Under the EU Succession Regulation, which Lithuania applies, a person may elect the law of their nationality to govern their succession. Without an election the default is the law of the country of habitual residence at death.
Do I inherit debts as well as assets?
Under Lithuanian law an heir can become liable for the deceased's debts, which is precisely why acceptance is a decision rather than a formality. Where the estate looks doubtful, take advice before accepting rather than after.
This page states the law of England & Wales and Lithuania as at 18 August 2026. It is general information, not advice on your matter, and reading it does not create a solicitor-client relationship.