Wills for British Ex-Pats

If you're a British citizen living abroad, or you have assets in multiple countries, your will situation is more complicated than most. Here's what you need to know.

Which country's law applies?

This is the fundamental question for expats. Generally:

• Immovable property (land, buildings): Usually governed by the law of the country where it's located
• Movable property (money, investments, possessions): Usually governed by the law of your domicile

Domicile is a complex legal concept - it's roughly where you consider your permanent home to be, but it's not the same as residence or nationality.

Do I need more than one will?

Often, yes. If you have assets in multiple countries, you may need a separate will in each country to deal with assets there. Benefits include:

• Each will is in the local language
• Each will complies with local legal requirements
• Each estate can be administered independently
• Faster and simpler probate process

Be careful with revocation clauses

Most wills include a clause revoking all previous wills. If you have multiple wills for different countries, this is a problem - making a new will for one country could accidentally cancel your wills elsewhere.

Solution: Each will should specifically state which previous wills it revokes (if any) and which it leaves in place.

Forced heirship rules

Many countries have "forced heirship" rules that require you to leave a certain proportion of your estate to specific people (usually close family members). This is different from England and Wales, where you're generally free to leave your estate to whoever you like.

If you have assets in a country with forced heirship rules, those rules may apply regardless of what your will says.

UK assets

Even if you've emigrated, you may still have assets in the UK:

• UK property
• UK bank accounts or investments
• UK pension rights
• Inheritance expectations from UK relatives

You need a valid UK will to deal with these assets. Our service is ideal for British expats who need a UK will.

Tax implications

Living abroad doesn't necessarily exempt you from UK inheritance tax. The rules are complex and depend on your domicile status. If you have substantial assets, get specialist tax advice.

Getting it right

International estate planning is complicated. At minimum:

• Make sure you have a valid will covering UK assets
• Consider whether you need separate wills for other countries
• Be careful about revocation clauses
• Review your wills when your circumstances change
• Consider getting specialist legal advice for complex situations