We often meet families who own property in more than one country. A holiday home in Spain or a bank account in Australia is common. These holdings can make estate planning more complex.
A UK Will still matters for home-based holdings. International estates bring recognition issues, conflict-of-laws and extra probate steps. That can slow access and increase cost.
One practical route is the phrase separate wills for uk and overseas assets uk, drafted so each document applies only in its jurisdiction. When done well, heirs get the right property without needless delay.
We will explain succession rules, the probate route, and the tax angle. We use clear examples from Spain, the US and Australia to show common pitfalls. Our aim is practical clarity so you can ask the right questions of a specialist.
Key Takeaways
- Multiple documents can reduce cross-border delays and costs.
- Careful drafting prevents one plan revoking another.
- Succession rules and probate differ by country.
- Tax positions, including UK inheritance tax, affect choices.
- Simple, clear plans save family stress later.
Why your UK Will still matters when you own overseas assets
Even when much of your life is overseas, a properly drafted UK will keeps your wishes clear for assets on British soil. We often see families assume foreign plans will sort everything. That can lead to delay, extra cost and unhappy surprises for people left behind.
Which UK holdings your Will normally covers
A UK will governs what happens to UK property, bank accounts, investments and business interests based in Britain. It also covers personal items and any UK-based pensions that accept direction by will.
What can go wrong if you have no UK Will
Without one, UK intestacy rules decide who inherits. That can exclude partners who are not married or in a civil partnership. Blended families and cohabiting couples are often affected most.
“Intestacy can leave people out of an estate even when you intended otherwise.”
- Executors move faster with a clear UK document when probate is needed here.
- Missing a UK account or business interest on your checklist risks administrative delays.
- Two parallel probate processes—one here and one abroad—work much better when plans are aligned.
| Asset type | How a UK will helps | Key risk without one |
|---|---|---|
| Home | Names who inherits and eases transfer | Intestacy may favour blood relatives over partners |
| Bank account | Directs closure or payment to named people | Funds can be frozen until intestacy is settled |
| Investments | Specifies beneficiaries and sale instructions | Administrators may sell assets at a loss to raise cash |
| Business | Allows continuity plans and executor powers | Company control can become unclear, harming value |
Before you assume you are covered, check what UK holdings you still have. Make a short list: home, any account, bank links, investments, and business ties. That simple step helps us protect your family’s wishes and reduce stress later.
When separate wills for uk and overseas assets uk makes sense
When property and investments sit in different countries, a tailored estate plan often makes practical sense. Real estate usually follows the law where it sits (the lex situs rule). That means a home abroad may be decided under local rules while bank holdings follow other tests.
Owning foreign property versus overseas investments: why location and asset type matter
Land and buildings rarely follow your domicile. Local laws often control succession of real estate. That can override a single document made elsewhere.
By contrast, investments and bank accounts may follow domicile or contractual ties. The difference changes the practical steps executors must take.
Multiple jurisdictions and multiple probate systems: reducing delays and administration friction
Different jurisdictions mean different probate rules and court steps. Relying on one document can create long probate delays across borders.
Two tailored documents can let local executors act faster, cutting administration time and lowering costs.
When a single global Will can create risk in different countries
A single global Will may fail local formalities, not be recognised, or cause probate bottlenecks in every country involved. That raises the risk of disputed claims and extra expense.
We can help you weigh whether multiple documents suit your family. For practical guidance on cross-border estate planning, see our detailed guide on estate planning for expats with foreign.
| Issue | How it affects you | Practical advantage of local documents |
|---|---|---|
| Real estate (lex situs) | Local succession rules apply | Faster transfer under local procedure |
| Investments & accounts | May follow domicile or contract | Clear direction reduces bank delays |
| Probate systems | Different courts, forms and timelines | Executors can pursue parallel grants |
How inheritance law changes across countries and jurisdictions
Determining which law governs an estate can change how property passes to heirs. Conflict-of-laws is central in cross-border cases. A simple plan in one country may not work in another.
Lex situs: why local law usually governs real estate
Land follows the law of the place where it sits. That means a holiday home will normally be decided under that country‘s laws. Executors must expect local court steps and local taxes.
Movable assets and domicile or residence links
Movables, such as bank accounts, shares or personal items, often follow your domicile or residence. This can shift outcomes when you divide investments between two or more countries.
Forced heirship and reserved shares
Many jurisdictions apply forced heirship. That limits freedom to leave property away from close relatives.
When local heirship rules bite, beneficiaries named in a will may get less than intended. This can create family tension and extra legal work.
Recognition and formalities
Some courts will not accept a foreign will unless it meets local requirements. Common obstacles are witnessing rules, notarisation, translation into the local language, and registration of the documents.
- Check which law applies to each item.
- Plan for forced heirship where it exists.
- Meet local formalities early to save time.
How to set up multiple Wills without conflicts or accidental revocation
Clear, territorial clauses protect your wishes and let local executors work fast. We recommend a short opening note in each document that states it applies only to assets in a named country. That prevents accidental revocation caused by broad phrasing such as “I revoke all previous…” which can undo other papers.
Using jurisdiction-limited wording
Use explicit wording to limit a document to property in one jurisdiction. This keeps the probate process simple and avoids clashes when courts in another country look at your documents.
Keeping beneficiaries and wishes consistent
Match core wishes and beneficiary names across each document. Small differences create disputes. Consistency reduces friction and keeps the family’s plan clear.
Choosing local executors and storage
Appoint executors in every country so someone local can handle court forms and bank steps. Keep copies safely and cross-reference papers so executors can find the right document fast.
| Action | Why it matters | Practical step |
|---|---|---|
| Limit wording | Prevents accidental revocation | State the country and scope clearly |
| Align beneficiaries | Reduces family disputes | Use identical names and shares |
| Local executors | Speeds administration | Name an executor per country |
| Regular review | Captures life changes | Check after moves, marriage, new account |
We also suggest reading our guide on crafting your UK will online when you prepare papers. Good coordination eases the main challenges and saves time at the worst moment.
How to handle overseas property in Europe, the US, Australia and the Middle East
Cross-border property often triggers local laws that change how your estate moves to heirs. We give a brief, region-by-region guide so you can spot likely issues quickly.
Europe
Many civil law countries apply forced heirship. That can limit gifts to close family.
Where available, a choice-of-law election (Brussels IV) may let a British national apply home law instead. This can protect intended distributions.
United States
Probate runs state-by-state. Local procedure usually matters even if a UK document exists.
Estate tax at federal level can overlap with UK tax. Treaty relief may reduce double taxation.
Australia
Australian courts often recognise a foreign document but local probate may still be needed.
Some states allow resealing of a UK grant. Family provision claims can challenge distributions.
UAE and wider Middle East
Sharia rules can apply by default to succession in some countries. Non‑Muslims have practical safeguards.
Non‑Muslims may register wills in DIFC or Abu Dhabi to gain English-language recognition and clarity.
Thailand and similar systems
Courts lead probate in many Asian systems. Translation and certification add delays to access funds.
“In Spain, a holiday home once passed under forced heirship when no choice election was filed — a hard lesson for that family.”
| Region | Key issue | Practical step |
|---|---|---|
| Europe | Forced heirship limits freedom | Consider choice-of-law where allowed |
| United States | State probate; estate tax overlap | Obtain local grant; check tax treaties |
| Australia | Local probate; family provision claims | Reseal grants; review distribution plans |
| UAE / Middle East | Sharia default rules | Register a will with DIFC/Abu Dhabi |
| Thailand | Court-led process; language delays | Prepare translations and certified copies |
- Example: Spain forced heirship can cut intended gifts unless a valid election is made.
- Small practical steps save large delays and family stress.
How to plan for tax when you have UK and foreign assets in the present rules environment
Changes since April 2025 mean your years of residence now shape whether non‑UK property falls into UK inheritance tax. We explain the practical steps so you can act without getting lost in detail.
UK inheritance tax after 6 April 2025
From 6 April 2025 the system moved to a residence-based test. Long‑term residence is described as 10 out of the previous 20 tax years, with a tail period if you leave the UK.
That can bring foreign assets within the IHT net even when domicile would not.
Double taxation risk and treaty relief
Two countries can tax the same wealth on death. Treaty relief with the US, France or Italy may reduce the bill. We recommend checking both systems together; coordination avoids surprises.
Gifts, trusts and charitable legacies
Common tools include lifetime gifts (timing in years matters), trusts with reporting duties, and charity legacies that lower tax bills. Each has pros and limits—seek tailored planning.
| Tool | How it helps | Timing | Practical note |
|---|---|---|---|
| Lifetime gifts | Reduce estate value | Seven‑year rule | Watch look‑back periods and reliefs |
| Trusts | Control distribution | Immediate effect | Reporting and charges may apply |
| Charitable legacy | Lower IHT rate | At death | Clear beneficiary wording helps |
We keep tax planning practical. If you want detailed cross‑border advice, see our guide to cross‑border planning.
How to prepare before drafting or updating Wills across different countries
Begin by making a simple map of your property, accounts and holdings across countries. This short step helps us use your meeting time well and keeps planning focused.
Create an inventory
List every asset: home, bank accounts, investments, pensions, business interests and digital accounts. Include joint holdings and nominee arrangements.
Confirm ownership and location
Note who legally owns each item and the country where it is registered. Joint ownership, trusts or company structures often change which process applies.
Check UK residence and wider connections
Record your residence history and any ties that may affect succession or tax. A simple timeline helps advisers spot risks fast.
Gather supporting documents
Collect deeds, account statements, valuations and ID now. Some countries need certified translations or notarised papers. Getting these ready saves time later.
- Make a concise list so solicitors can act quickly.
- Update pension nominations where possible.
- Confirm local registration for property to avoid mismatches.
“A little preparation now saves your executors a great deal of work later.”
| Step | Why it matters | What to bring | Time saved |
|---|---|---|---|
| Inventory | Shows full value and scope | List of items and locations | Faster first meeting |
| Ownership check | Determines legal route | Title deeds, company records | Fewer disputes later |
| Residence review | Affects tax and succession | Address history, tax records | Clearer tax advice |
| Documents ready | Satisfies local requirements | IDs, valuations, translations | Quicker probate steps |
Common cross-border Will pitfalls and how to avoid them
Cross-border estate planning raises practical risks that catch many families out. We set out the main pitfalls and clear steps you can take now. Our tone is direct and helpful. We want you to act before a problem becomes costly.
Accidental revocation and how to prevent it
Accidental revocation happens when a later document says “I revoke all previous …” and unintentionally cancels another country’s plan. That can wipe out a carefully drafted home document overnight.
To avoid this, use jurisdiction‑limited wording and cross‑references. State clearly which document covers which country. Ask each adviser to check for revocation wording before you sign.
Probate bottlenecks: grants, resealing, language and time
Multiple probate grants often add months to the process. Some countries require resealing of a British grant. Others demand certified translations.
Language barriers can add further delays. Executors must translate documents, meet local formalities and wait for court slots. Naming local executors and arranging translations early speeds the process.
Forced heirship surprises
Forced heirship can override what appears clear in a UK document. For example, a property in Spain may pass under local heirship rules unless a valid choice‑of‑law election is filed.
Check whether local heirship applies before relying on a home document alone. Local advice prevents unwelcome reshaping of your wishes.
Coordination failures between advisers
Poor coordination can create tax and succession mismatches. One adviser may prioritise succession while another focuses on tax, producing contradictory steps.
We recommend a short planning meeting that aligns succession and tax strategy. Share copies of each document among advisers and include cross‑references so everyone works from the same plan.
“A Will made abroad that starts by revoking all previous wills can unintentionally wipe out your home plan — a costly example we see too often.”
| Pitfall | What goes wrong | Immediate fix |
|---|---|---|
| Accidental revocation | Later document cancels earlier one | Use territorial clauses; cross‑reference documents |
| Probate delays | Multiple grants, resealing, translations | Name local executors; prepare translations |
| Forced heirship | Local law overrides intended gifts | Check local rules; consider lawful elections |
| Adviser mismatch | Tax and succession clash | Hold a joint review meeting; share docs |
Avoid it — practical checklist:
- Limit wording to the country concerned.
- Appoint at least one local executor.
- Prepare certified translations early.
- Run a joint adviser review that covers probate, succession and tax.
For a wider guide to protecting your family, see our planning pages on protect your family’s future.
Conclusion
The right approach depends on your family, the countries involved and the mix of property you own.
Often the safest route for a cross‑border estate is two or more documents that are territory‑limited and do not revoke one another. This reduces delay and keeps local courts moving when people need access.
Do this now: make a full inventory, confirm where each item sits, and check that all documents use clear, limited wording. Appoint local executors so action can start quickly.
Align your plans with local succession rules and the relevant law in each country. That helps ensure your wishes become reality.
We recommend you speak to experienced UK and international advisers together. They will help protect your family and explain the next steps for your estate across jurisdictions.