We explain in plain terms what happens when you own an overseas home while living in the United Kingdom.
Holding assets in another country can create a cross-border estate. Different inheritance rules and tax systems may apply. Your UK testament may not control everything overseas.
Our aim is to protect your family from delay, dispute and confusion at a difficult time. We set clear expectations about when one testament is enough and when separate documents help.
We outline the key steps you should take now: list what you own, note where it sits, check local succession law and decide how best to plan.
For practical guidance on cross-border estate planning, see our detailed guide on estate planning for UK expats.
Key Takeaways
- Different laws apply to overseas assets — your UK testament may not cover them.
- Cross-border planning reduces delay, cost and family stress.
- Identify assets and check local succession and tax rules early.
- Consider separate documents where legal systems clash.
- Seek practical advice to make your wishes clear and enforceable.
Why owning property abroad can change how your UK Will works
When your assets sit in more than one country, your estate can fall under different legal systems. That can change who gets what and how quickly estate matters are settled.
What makes an estate ‘cross-border’?
- You may have a holiday home, bank accounts and investments in different countries.
- Those overseas assets are often governed by the law where they sit, not by your UK testament.
When intestacy rules step in
If an asset is not covered, local intestacy rules can decide inheritance. This can hurt unmarried partners and blended families.
“Mr Smith’s house in France ended up split between his spouse and adult child, sparking a dispute and a possible forced sale.”
Our practical point: plan for outcomes, not just paperwork. A clear inventory of what you own and where sets up the right Will structure so your wishes are more likely to be followed.
Start with an inventory of your overseas assets and connections
Begin with a simple list of what you have and where it sits. That small step saves time and reduces stress later.
Property versus movable assets
List real estate first: houses, flats and any holiday home. Real estate is usually treated under the law where it sits.
Then note movable items: bank accounts, investments, shares and other financial assets.
Location and jurisdiction
Record the country for each entry. Which jurisdiction applies can be more important than where you live.
Family, executors and beneficiaries
Write down who will act as executor and where beneficiaries live. If executors are in different countries, the administration process can take longer.
Quick checklist
- What you own and where it sits
- How each asset is held (sole, joint, company)
- Who must handle administration on death
- Which succession rules may apply
| Item | Country | How held | Likely rule |
|---|---|---|---|
| House | Spain | Sole name | Local real estate law |
| Bank account | France | Joint | Movable asset rules |
| Shares | Germany | Nominee | Company law |
| Holiday flat | Portugal | Trust | Trust & local rules |
When you finish this inventory, it will guide your estate planning choices. For tax and procedural detail, see our note on overseas inheritance tax rules.
Owning property abroad and making a uk will uk: deciding whether one Will is enough
When you hold assets in more than one country, simple documents can lead to complex outcomes. We focus on the practical question: is one testament the most reliable way for your family to deal with administration across jurisdictions?
When a single UK Will may be workable in practice
One testament can suffice where overseas assets are small and local law accepts the UK document without extra formalities. This often applies to bank accounts or investments treated as movable assets.
When separate Wills for different countries are safer
Separate wills are usually wiser when real estate, forced heirship rules or complex local probate rules apply. They cut delay and reduce translation, notarisation and registration issues.
How to avoid one Will accidentally revoking another
The real trap is wording. A new document that states it revokes earlier wills can cancel your UK testament. Ask your solicitor to add a clear non-revocation clause and to limit each testament to assets in a named jurisdiction.
Keeping beneficiaries consistent while limiting each Will to a jurisdiction
Coordination is key. Draft each document so beneficiaries and gifts match across texts. That keeps intentions clear while letting each Will work only within its jurisdiction.
Practical next step: where multiple countries are involved, seek specialist private client advice. For guidance on expatriate wills see expat wills advice, and for planning when moving overseas see moving abroad for retirement.
Key legal issues that affect property abroad: inheritance laws, forced heirship and conflict of laws
Cross-border estates trigger rules that often differ from the ones you expect at home. We focus on the practical legal points that most affect your family and your plans.
Why real estate follows local succession rules
Real estate is normally governed by the law where the asset sits. That means local inheritance laws, not your UK documents, usually decide who takes the land.
Forced heirship in many countries
In many countries, forced heirship reserves fixed shares for close relatives. Forced heirship rules can limit how you distribute assets to spouses, children or stepchildren.
Choice of law in parts of Europe
Some European systems let you elect nationality law instead of local law. That can give more testamentary freedom, but the wording must be precise to work.
When local systems override your wishes
In other countries—for example those with religious succession rules—local law may override foreign instructions unless you use a recognised local route.
“Good planning turns surprise into certainty.”
Next step: check local laws early so your planning avoids delays and disputes during probate.
Probate and administration across multiple countries
When estates cross borders, executors often face extra legal steps before assets can be dealt with. We explain the practical effects so you can plan and reduce delay.
Probate in multiple jurisdictions and practical delays
Executors may need to obtain probate in more than one place. That can add weeks, fees and travel. Even with a clear testament, each jurisdiction may require its own process before an asset can be sold or transferred.
Recognition, witnessing and notarisation requirements
Some countries will not accept a foreign document unless signing rules match local law. Notarisation, specific witnessing or an apostille may be needed. These steps cause hold-ups if not anticipated.
Translation, registration and local procedures
Foreign wills often need translation, certified copies and local registration. These are common hidden tasks that add time and cost.
What you can do now:
- Choose executors who can act across jurisdictions.
- Keep original documents and certified copies accessible.
- Get advice early so separate documents reduce bottlenecks.
“Early planning turns complexity into manageable steps.”
Inheritance tax and cross-border taxation to consider for overseas assets
From 6 April 2025 the UK moved to a residence-based approach for inheritance tax. This means long-term residence — broadly 10 of the last 20 years — can bring non-UK assets into scope. Your residence history now matters as much as nationality.
Cross-border taxation can create double tax risks. Treaties and reliefs often help, but claims take time and admin. We recommend checking whether local rules or agreements reduce the same charge in two countries.
Practical planning options
- Lifetime gifting — the UK’s seven-year taper still matters for many clients.
- Trusts — useful, but bring reporting and ongoing taxation rules.
- Charitable legacies — can lower exposure while meeting wishes.
Ownership structure affects tax and succession. Holding a holiday home in your name, a company or a trust produces different outcomes. Gather values, acquisition dates and title details before you speak to an adviser.
“Coordinate UK advice with local counsel to cut surprises and protect beneficiaries.”
Conclusion
A few practical checks now can stop foreign rules from undoing your intentions later.
In brief: if you hold property abroad or other overseas assets, a UK testament may not be enough. Local succession law, probate delays and forced heirship can change outcomes.
Follow simple steps: take an inventory, note jurisdictions, choose one document or separate texts, and limit wording to each country. That reduces the risk of accidental revocation.
Remember the French case example: good intentions met foreign rules and caused dispute. For clear guidance, review your testament, gather asset details and seek private client advice promptly.
Regular reviews after moves, sales or family change keep your plan effective and protect your family.