Wills for Overseas Assets
If you own overseas assets, it is essential that your Will properly covers them. Different countries have their own inheritance laws and tax rules, which can override your wishes if your estate is not structured correctly.
Whether you have a holiday home, foreign bank accounts, or investments abroad, creating a Will for foreign assets requires careful planning and specialist legal advice.
This guide explains:
- How overseas assets are treated in a Will
- What a foreign Will is
- Whether you may need two Wills in different countries
- How overseas inheritance tax may affect your estate
If you are an expat living abroad, read our Guide for Expat Wills.
Why You Need a Will for Foreign Assets
Owning overseas assets means your estate becomes a cross-border estate. This can create complications because:
- Local inheritance laws may apply to your assets abroad
- Some countries have forced heirship rules
- Your UK Will may not be recognised or enforced as expected
If your Will does not properly account for your overseas assets, your estate may not be distributed according to your wishes.
Key Benefits of a Will Covering Overseas Assets
Having a properly structured Will for foreign assets can help you:
- Ensure property abroad passes to the people you choose
- Avoid disputes caused by foreign inheritance laws
- Protect your family from complex legal processes
- Ensure your estate is administered efficiently
- Reduce the risk of unnecessary overseas inheritance tax complications.
What Counts as an Overseas Asset?
Your overseas assets may include:
- Property or holiday homes abroad
- Foreign bank accounts
- Overseas investments or pensions
- Business interests in another country
- Personal possessions located abroad.
Even a single asset outside the UK can require careful planning within your Will.
What Is a Foreign Will?
A foreign Will (also known as an overseas Will) is a Will that deals with assets located in another country. It covers assets held outside your home country, ensuring they are distributed in accordance with your wishes while complying with local laws. A cross-border Will is a Will that covers assets located in more than one country. These Wills ensure that your overseas assets are addressed alongside your UK estate, helping your wishes to be carried out as far as possible across different legal systems.
However, dealing with assets in multiple countries can be complex. This is because:
- Different legal systems may conflict
- Translation or legal recognition issues can arise
- Local probate procedures may differ significantly.
For this reason, managing a Will for foreign assets often requires legal expertise in the country where the assets are located. Your solicitor can help coordinate advice to ensure your estate is structured appropriately across jurisdictions.
Read more> Understanding Cross-Border Wills: How We Can Help You Plan for the Future.
Real-Life Example: Why Planning Matters
After his first marriage ended, Mr Smith bought a holiday home in France before remarrying. He did not update his Will to include this overseas asset properly.
Under French inheritance law:
- The property could not pass entirely to his wife
- Instead, it had to be shared with his daughter.
This resulted in:
- A dispute between family members
- The forced sale of the property
- Emotional and financial stress.
This situation is unfortunately common when overseas assets are not properly considered when making a Will. In this case, a well-drafted UK Will covering worldwide assets — or, in some circumstances, having two Wills in different countries — could have helped avoid these issues.
Can You Have Two Wills in Different Countries?
Yes, you can have two Wills in different countries, but they must be carefully drafted to avoid conflict.
In many cases, having two Wills is advisable where:
- You own significant overseas assets
- The foreign country has strict inheritance rules
- Probate processes are complex or slow.
However, there are risks:
- One Will may accidentally revoke another
- Conflicting instructions may create disputes
- Executors may face legal complications.
This is why specialist advice is essential when you have overseas assets.
Do You Need Separate Wills in Different Countries?
You may benefit from separate Wills if:
- You own property abroad
- Local laws restrict how assets can be distributed
- You want to speed up probate in different jurisdictions.
A solicitor can advise whether a single English Will or two Wills in different countries is the best approach for your circumstances.
Overseas Inheritance Tax Considerations
Overseas inheritance tax is one of the most important factors to consider when dealing with overseas assets.
Different countries have their own tax rules, and you may be exposed to:
- UK inheritance tax
- Local overseas inheritance tax in the country where the asset is located
- Double taxation, which can occur if not properly planned.
Planning ahead can help:
- Reduce exposure to overseas inheritance tax
- Avoid double taxation where possible
- Ensure your beneficiaries receive the maximum benefit.
What Happens If You Don’t Include Overseas Assets in Your Will?
If your overseas assets are not properly covered:
- Local laws may determine who inherits
- Your family may face delays and legal costs
- Disputes between beneficiaries may arise
- Your wishes may not be followed.
In some countries, this can result in outcomes that differ significantly from UK expectations.
Why Use a Solicitor for a Will Covering Overseas Assets?
Drafting a Will for foreign assets is significantly more complex than a standard UK Will.
By instructing Burt Brill & Cardens, you benefit from:
- Specialist advice on overseas assets and cross-border estates
- Guidance on whether to use a foreign Will or two Wills in different countries
- Support in managing overseas inheritance tax considerations
- Coordination with legal professionals in other jurisdictions where needed.
Frequently Asked Questions — Wills for Overseas Assets
In England and Wales, marriage usually revokes an existing Will unless it was made in contemplation of that marriage. This can affect how your overseas assets are distributed, so it is important to review your Will after marriage to ensure your Will for foreign assets remains valid.
A UK Will can cover overseas assets, but it may not always be recognised or enforced in other countries. In some cases, a separate foreign Will or two Wills in different countries may be more effective, depending on local laws.
In many cases, yes. When dealing with overseas assets, it is often advisable to work with a local lawyer alongside your UK solicitor to ensure your foreign Will complies with local inheritance laws and procedures.
If a foreign Will conflicts with your UK Will, it can lead to delays, disputes, or even one Will unintentionally revoking the other. This is a key risk when using two Wills in different countries, which is why careful drafting and legal coordination are essential.
Not always. Some overseas assets may need to go through probate in the country where they are located, rather than in the UK.
Whether UK probate is required can also depend on the inheritance tax residence (domicile) of the person making the Will. This can affect how the estate is administered and whether additional legal steps are needed.
Because of this, dealing with overseas assets can impact how quickly your estate is handled and whether a separate Will or additional advice is required.
Administering overseas assets can take significantly longer than UK assets. Timeframes vary depending on the country, local probate rules, and whether a foreign Will or two Wills in different countries are in place.
It may be possible to reduce or manage overseas inheritance tax through careful estate planning, but it cannot always be avoided entirely. The rules vary widely between countries, so tailored advice is essential.
In some cases, beneficiaries or executors may need to deal with legal processes in the country where the overseas assets are located. However, this can often be managed through local legal representatives if a proper Will for foreign assets is in place.
In certain situations, you can elect for the law of your nationality to apply to your estate, particularly within some European jurisdictions. However, this is complex and depends on local rules, so advice is needed when drafting a foreign Will.
The most common mistake is assuming a UK Will automatically covers all overseas assets. This can lead to unintended outcomes, disputes, and increased exposure to overseas inheritance tax.
Speak to Our Wills and Probate Team
If you own overseas assets, taking early legal advice can prevent serious complications later.
The Wills and Probate team at Burt Brill & Cardens can advise you on the best way to structure your Will for foreign assets, including whether a foreign Will or two Wills in different countries is appropriate.
Contact us today on 01273 604123 or email enquire@bbc-law.co.uk to discuss your situation.
David Edwards
David Edwards is Managing Director and Head of the Private Client team at Burt Brill & Cardens. He advises on a wide range of private client matters, drawing on decades of experience. David has been a Director of the firm since 1986 and is a member of the Society of Trust and Estate Practitioners (STEP) and a Member of the Association of European Attorneys. He is also a past President of the Sussex Law Society.
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