Many UK families own property overseas, yet they remain unsure how to protect their loved ones after death. We see this often. A recent Brown Shipley survey cited by Kings Court Trust shows over half of wealthy Brits have not discussed inheritance with family, and 10% have no will at all.
In plain terms, we explain what succession means: making sure the right people inherit with as little stress and delay as possible. We outline the core parts to check — where the property sits, which laws apply, what paperwork is needed and how tax may arise in more than one place.
Real examples from places such as Spain and France show how an overseas home can add steps for executors and beneficiaries. This is fixable. You do not need to be wealthy to benefit from sorting an estate plan.
To read practical guidance for expats with assets overseas, see our note on estate planning for UK expats.
Key Takeaways
- Overseas property often follows different laws and may need separate probate.
- Discussing wishes with loved ones reduces confusion and delay.
- Small estates still benefit from a clear estate plan.
- Location of the property determines paperwork and tax issues.
- Practical steps can simplify matters for executors and beneficiaries.
Why succession planning matters when your holiday home is overseas
An estate can feel straightforward until an asset sits in a different legal system. We often see owners focus on their main house and UK accounts. That makes foreign property easy to miss during estate planning.
The knock-on effects are practical and emotional. Families can face delays while paperwork is found. There is a higher risk of disputes. The Brown Shipley survey shows over 50% of wealthy Brits have not discussed inheritance with family and 10% have no plans to write wills. Kings Court Trust also notes overseas assets are often overlooked.
What can go wrong
- Confusion about wishes and missing documents.
- Extra probate steps in more than one country.
- Intestacy in England and Wales can mean the wrong people inherit.
| Issue | Consequence | Practical step |
|---|---|---|
| Unlisted foreign assets | Delayed administration and extra fees | Make an inventory and note locations |
| No clear will covering foreign property | Intestacy rules in England and Wales may apply | Seek advice on local and UK documents |
| Family not told of documents | Disputes and stress for executors handling probate | Talk to loved ones and store paperwork accessibly |
Intestacy rules decide both who administers an estate and who receives it. That can be very different to what an individual would choose. If you own property overseas, discussing your plan early is one of the kindest things you can do for your loved ones.
Mapping your estate: assets, countries and jurisdictions to account for
A clear inventory of your possessions in each country saves time and heartache later. We start by listing every asset abroad, not just the property you visit.
Identifying assets located abroad beyond the property itself
Make a simple list of bank accounts, utility deposits, pensions, shares and keys. Note account numbers, local tax references and contact names. These are the items that often slow estate administration when they are missing.
Pinpointing where each asset is legally “located” for probate
Where an asset is located can be a legal question. Land is usually tied to local law. Bank accounts may follow the law of the country that holds them. That affects probate steps and which jurisdictions must be notified.
Why language, local process and paperwork can complicate administration
Different countries demand notarised papers, certified translations and specific forms. Lost documents or slow local bureaus add delay. We recommend capturing deeds, account details and notary contacts now.
“A mapped inventory makes it far easier for an executor to act quickly and with confidence.”
- Title deeds and registration numbers
- Account numbers and bank branch contacts
- Local tax IDs and notary details
Note the risk: the UK may not be able to complete the formalities alone. Once you know what you own and where, you can choose the right will approach in the next section.
Succession planning for holiday homes abroad uk: choosing the right Will strategy
Choosing the right will structure can save your family time and cost later. We lay out the simple choices so you can decide what suits your estate plan and your loved ones.
Using a single Will: benefits and drawbacks
Benefit: One document often means lower drafting and update costs and a simpler estate plan.
Drawback: Some countries ask to see a UK grant probate before they accept the Will. That can cause delays in access to the property.
When separate Wills can reduce delays
Separate Wills in the relevant countries can allow local authorities to act while UK paperwork progresses. This helps families who need quick access to a property abroad.
Preventing accidental revocation
Revocation means a later Will cancels an earlier one. Poor wording can unintentionally revoke a UK Will when signing abroad.
A careful revocation clause should target only the earlier Will in that country and leave other documents intact.
Co‑ordinating advisers
Tell each solicitor or notary about the other Wills. Good coordination reduces conflicting wording and costly delays in the probate process.
“A clear, co‑ordinated approach to wills cuts the risk of delay and dispute.”
| Approach | Main advantage | Main risk |
|---|---|---|
| Single Will | Lower costs; one estate plan | May need a grant probate first; possible delays |
| Separate Wills | Local administration can start sooner | Must avoid broad revocation clauses; extra drafting costs |
| Before you sign (checklist) | Confirm assets covered and executors’ roles | Agree how grant probate or local equivalent will be obtained |
- Confirm what each Will covers.
- Ask advisers to share drafts and advice.
- Check likely costs and timing of probate in each jurisdiction.
Which inheritance laws apply to foreign property and why it can change the outcome
Local rules can alter who actually receives property when it lies overseas. That matters because English law usually gives wide testamentary freedom. Many European systems do not.
Forced heirship protects children or a spouse in some countries. This means a Will made at home may be limited where the property is located. Kings Court Trust warns this often surprises British families.
Renvoi is the legal concept that can “hand back” control to the law where the real estate sits. Wake Smith Solicitors (Suzanne Porter) explains that immovable property tends to follow the law of its location, while moveable assets may follow the rules tied to domicile.
| Issue | How the law treats it | What it can mean |
|---|---|---|
| Immovable property | Usually governed by the law where the land sits | Local forced heirship may limit beneficiaries |
| Moveable assets | Often follow the law of the deceased’s domicile | Cash and some accounts may be distributed under home rules |
| Mixed estates | Different rules apply to different assets | Outcomes can split between countries and surprise families |
For blended families or second marriages, these differences can change who receives what. We recommend reviewing which law will apply and whether a choice-of-law option is sensible. Learn more about tax and asset issues at owning property abroad and inheritance tax.
Brussels IV and post-Brexit realities for UK owners of EU holiday homes
Cross‑border law rules can still shape what happens to an estate that links the UK with an EU country. We explain the practical effect and what to check in your will.
How the EU Succession Regulation can still affect UK‑connected estates
Brussels IV (the EU Succession Regulation, effective 17 August 2015) lets a testator choose which national law governs an EU estate. Wake Smith Solicitors points out that UK nationals may still make this election when an EU country applies the regime.
This means a correctly drafted declaration can steer which law governs property located in that country. That can avoid unexpected local inheritance rules overriding your wishes.
Making a valid choice‑of‑law election in your Will
Choosing the law of your nationality gives clarity. But the wording must be precise. A poor clause can be rejected or cause conflict with other wills.
Key checks:
- Use clear, bespoke wording rather than cutting and pasting.
- Confirm the election is consistent with other documents.
- Ask advisers in each country linked to your estate to review drafts.
Specifying England and Wales, Scotland or Northern Ireland in the election
Wake Smith warns that internal UK differences matter. State whether you elect the law of England and Wales, Scotland or Northern Ireland. Each country has its own law and this choice affects how individuals inherit.
| Issue | Why it matters | Practical step |
|---|---|---|
| Choice-of-law wording | Invalid or vague clauses may be ignored | Get bespoke drafting from solicitors with cross‑border experience |
| UK jurisdiction unspecified | Different outcomes in england wales, Scotland or NI | Specify the exact law to avoid disputes |
| Domicile and nationality | Can affect which law ultimately applies | Discuss domicile status with advisers when making wills |
Remember: even with the right election, executors will still face local probate steps and may need help from foreign lawyers. For further reading on post‑Brexit effects and EU asset ownership see owning assets in the EU – an inheritance law.
Probate and estate administration across borders
When an estate links UK paperwork with overseas title deeds, timelines and tasks multiply fast.
We explain the two-track process that often follows: a UK grant probate may be needed before foreign authorities will accept documents. That requirement can delay access to foreign assets while legalisation and notarisation take place.
When a Grant of Probate is needed first
Grant probate from England and Wales is commonly requested to show executors have authority. Some countries ask for an original grant that is legalised or notarised before they act.
Resealing versus a new foreign grant
In some former colonies, a UK grant can be resealed. That speeds the process and reduces duplication.
Elsewhere, a fresh foreign grant is required. That means new filings and local fees, and it usually takes longer.
Typical causes of delays
- Questions about domicile and which law applies.
- Couriering original documents and waiting for legalisation.
- Translation needs and notary or court appointment waits.
Valuing and collecting foreign assets
Foreign assets must be valued as part of the estate. Executors often need local valuers, estate agents or bank contacts to confirm values.
“Realistic timing matters: cross-border probate can take months longer than families expect.”
| Step | Typical action | Impact on timescale |
|---|---|---|
| Obtain grant probate | Apply in England and Wales; legalise if needed | Can add weeks to months |
| Reseal UK grant | Submit to jurisdiction that allows resealing | Speeds access in some countries |
| Apply for foreign grant | File locally with translations and notarised copies | Often slower and costlier |
| Value foreign assets | Engage local valuers and agents | Necessary for distribution and tax |
Do now: keep deeds, account details and contact names in one folder. Tell your executors where these assets are located. That reduces document hunts and limits avoidable delays in the estate administration process.
The executor’s role when there’s property abroad
Executors do much more than sign papers; they run a cross-border project at an emotional time.
What an executor actually does. They value assets, arrange taxes and manage distribution. With property abroad the job includes extra steps: dealing with local courts, translators and foreign solicitors.
Who can act and when a professional helps
Anyone named in the will can act. Family members often take the role. Yet when an estate spans more than one country, appointing a professional executor or probate specialist can save time and reduce risk.
Co‑ordinating local advisers and courts
Executors must liaise with overseas solicitors, notaries, banks and estate agents. Clear communication cuts delays. A single point of contact helps when different jurisdictions ask for notarised or translated documents.
Managing beneficiaries and avoiding disputes
Be frank with loved ones about timing and likely costs. Explain that sales, transfers and tax checks can take months in another country.
- Be transparent: share a timeline and key decisions.
- Document actions: keep written approvals to reduce future arguments.
- Get expert advice: on tax and local rules — it often pays for itself.
Practical note: executors should not stop until taxes in each country are understood and paid. For wider guidance on moving abroad and its effect on your estate, see moving abroad for retirement.
Tax, inheritance tax and double taxation risks for overseas property
Many owners are surprised that owning a property overseas can trigger UK tax rules as well as local charges. We set out the key risks so families know what to expect and can get timely advice.
How UK inheritance tax can apply to foreign assets
The UK may treat worldwide assets as part of an estate. Mander Hadley notes that foreign property can still fall inside the UK inheritance tax net, depending on domicile and residence status.
That means a grant of probate and a tax calculation in England and Wales may still be necessary, even when local probate is also required.
Understanding local estate or inheritance taxes in the country where the home is located
Many countries levy their own estate or inheritance taxes. These are separate from probate and local rules set the rates and exemptions.
Wake Smith Solicitors reminds us tax is not the same as choice-of-law. Electing one country’s law does not usually remove local tax charges.
Using double taxation agreements to mitigate being taxed twice
Double taxation can mean the same asset faces two bills. Treaties between countries often reduce or credit one tax against another.
Ask advisers early about any agreements between the two countries. That can cut the overall burden and speed up estate administration.
How beneficiary relationship rules abroad can affect overall tax cost
Some countries use family relationship bands to set tax rates. Spouses often get larger exemptions than adult children.
Example: leaving the property to a spouse may attract little or no local tax, while passing it to children could trigger higher rates. That can change the practical outcome for beneficiaries more than legal wording alone.
- Do this: check both jurisdictions’ tax rules and any treaty relief.
- Do this: consider the likely beneficiary tax bands when you decide who inherits.
- Do this: get tailored advice early — late tax work is costly and limited.
Conclusion
Small steps now can prevent months of extra work for those who inherit later.
If you own a home or a holiday property overseas, make a joined-up approach to your assets and estate. Map what you own and note where each property is located. That helps with probate and protects your wishes in the event of death.
Decide which wills suit your estate plan and check how england and wales rules interact with the local law. Think about resealing versus a new grant and the likely estate administration tasks in each country.
Next steps: gather deeds and account details, tell loved ones where papers sit, and speak to advisers in the relevant country to confirm the best estate plan. That gives your family certainty and reduces delay, cost and tax surprises after death.