UK Will and Local Will for Expats: Do You Need Both?

If you own property or savings in more than one country, one will may not be enough. A UK will can be valid abroad, but it may be slow to use, may clash with local succession law and can cancel a local will by accident. This guide explains when you may need two wills and how to make them work together.

This guide is general information, not legal advice. Succession law differs by country, so take advice from a lawyer who knows each country involved.

The short answer

• A UK will can stay valid when you move abroad, but it may not work smoothly for assets in another country.
• Many advisers suggest two coordinated wills: one for UK assets and one for assets abroad.
• A badly worded second will can revoke the first, so both must be drafted together.
• A will deals with who inherits. It does not decide how much tax is paid.

Why one will often feels like enough

Most people assume their UK will covers everything. In the UK that is usually true. Abroad, the picture changes, because each country has its own rules on who can inherit, how a will is proved and what the authorities will accept without extra steps.

One Spanish law firm says a UK will stays valid in Spain, but that Spanish forced-heirship rules can still apply to Spanish assets unless the will makes a choice of law. That is one example. The same question arises in any country where you hold property or accounts.

Two estates, two processes

If you hold assets in two countries, your family may have to deal with two legal processes.

• UK assets. These normally go through UK probate. The same firm says probate can take months, and longer where international assets are involved.
• Assets abroad. These follow the local process. In Spain, for example, a notarial will can let heirs settle the estate relatively quickly, while using a foreign will may mean certified translations and an apostille before local officials act.

A local will written for the local process can save your family time and cost. It is not always required, but it often helps.

The revocation trap

Most standard wills begin by revoking all earlier wills. That is fine in one country. Across two, it can be a serious problem. If your local will revokes all earlier wills, it may cancel your UK will. If your UK will does the same, it may cancel the local one.

The fix is drafting. Each will should revoke only earlier wills that cover the same country or assets, and should say that the other will stays in force. Advisers say the two wills should be coordinated, not written separately by different people who never speak.

Which law applies to your estate?

The law that governs your estate can matter as much as the document. Within most of the EU, an EU regulation known as Brussels IV (Regulation 650/2012) applies. As Spanish advisers describe it, the default is the law of the country where you were habitually resident at death, and the regulation lets a foreign national choose the law of their nationality instead.

For a British person living in Spain, that means two possibilities:

• without a choice, Spanish law may apply to the Spanish assets, including rules that reserve part of the estate for children
• with a choice recorded in the will, the law of the UK nation you belong to may apply instead

This is one country. Other places, such as the UAE, Hong Kong, Singapore, Thailand or Portugal, have their own rules, and some do not recognise foreign wills at all or apply religious or forced-heirship rules. Ask a local lawyer how a foreign will is treated, and whether you can choose your own law.

Succession law is not succession tax

Choosing the law that governs who inherits does not change the tax. The Spanish firm makes this point for Spain: electing UK law affects succession law, not the local inheritance tax paid by the heirs. UK inheritance tax is a separate matter again, and for UK property it can apply wherever you live. Our guide on inheritance tax and your UK home when you live abroad covers it.

A worked example

This example is illustrative.

A couple live in Portugal and own a house there and a flat in England. They have one UK will, written years ago, that leaves everything to each other and then to their two children. When the husband dies, his wife needs to prove the will to the Portuguese authorities. She is asked for a certified translation and an apostille, and the process takes much longer than she expected.

If they had made a Portuguese will for the Portuguese house, drafted with the UK will so that neither cancelled the other, the local process would probably have been simpler. They would still need local advice on how the rules affect the children’s shares.

Practical steps

1. List your assets by country. Include property, bank accounts, pensions and investments.
2. Read your current will. Check the revocation clause and any reference to a particular country.
3. Ask a local lawyer how your UK will would be treated, and whether a local will is advisable.
4. Ask a UK lawyer to check the UK will against any local will before you sign.
5. Consider a choice of law where the local system allows it.
6. Keep originals safe and tell your executors where they are.
7. Review after any move, marriage, divorce or new property.

Trusts and other assets

Some assets pass outside your will. Joint property may pass by survivorship, and pension or life policy proceeds may follow a nomination or a trust. Check each one, because a will does not control them. Our overview of wills and trusts for expats explains how trusts fit in.

Common mistakes

• Assuming a UK will works everywhere without checking.
• Signing a local will that revokes the UK will.
• Using two lawyers who never compare the wills.
• Forgetting that tax is a separate issue from the will.
• Never updating the will after moving country.

Related reading

Your will sits alongside your savings and bonds. See our guide to offshore bond tax for UK expats and our expat savings hub. For protecting your family, read about how much life insurance expats need.

Frequently asked questions

Is my UK will valid if I move abroad?

Often yes, but how it is treated depends on the country. Ask a local lawyer how a UK will is recognised and used there.

Do I need a will in each country where I own assets?

Not always, but many advisers recommend a local will for property abroad because it can speed up the process.

Can a second will cancel my first will?

Yes, if it contains a clause revoking all earlier wills. Each will should revoke only wills covering the same assets.

Does a will reduce inheritance tax?

Not by itself. A will decides who inherits. Tax depends on separate rules in each country.

Can I choose which country’s law applies to my estate?

In some places, yes. Within the EU, a regulation lets a foreign national choose the law of their nationality. Other countries have different rules, so ask a local lawyer.

This article is for information only and is not legal or tax advice. Succession laws differ and can change. Take advice from lawyers in each country involved.