International Assets in UK Wills: Cross-Border Guide

What this document is

A will that covers international assets is one that deals with property, money, investments, or personal possessions located outside England and Wales. The core problem is that a will made under English law does not automatically control what happens to assets sitting in another legal system.

Some countries, particularly in continental Europe, apply forced heirship rules that reserve fixed shares of an estate for children or a spouse, regardless of what your will says. Others follow the location of the asset for land and buildings but look to your domicile for things like bank balances and shares.

There are broadly two approaches people take. The first is a single worldwide will drafted in the UK that attempts to cover every asset you own. The second is a set of separate wills, one for each country where you hold significant assets, carefully drafted so they do not accidentally revoke each other.

Which approach suits you depends on where your assets are, what those countries' laws require, and how complex your estate is.

How to use this document

1. Map out every asset and where it sits. Before you can plan anything, list each asset by country: property, bank accounts, pensions, investments, business interests, and valuables. Note the legal owner, whether anything is held jointly, and any existing beneficiary nominations on pensions or life policies. This map is what any adviser will work from.
2. Work out your domicile position. Domicile under English law is not the same as residence or nationality, and it drives how UK inheritance tax treats your worldwide estate. If you are UK-domiciled, HMRC generally taxes your assets globally. If you are non-domiciled or have acquired a domicile of choice elsewhere, the picture shifts significantly. This is an area where getting a professional view early pays off.
3. Check the succession rules in each country involved. Find out whether the country where each asset sits applies forced heirship, community property rules, or recognises a foreign will at all. Some jurisdictions will accept an English will if it meets basic formalities; others require a local will or a specific form of wording to give effect to your wishes.
4. Decide between one will or several. A single worldwide will is simpler to update but can slow down probate because it has to be proved in every relevant country. Separate local wills can speed things up but must be drafted together so that a later will does not unintentionally cancel an earlier one. A common safeguard is an express clause limiting each will to assets in a particular country.
5. Review the tax exposure on both sides. UK inheritance tax may apply alongside local estate, inheritance, or succession taxes abroad. The UK has double taxation treaties with some countries that provide relief, and unilateral credit may be available where no treaty exists. Model the likely tax bill and revisit it whenever your assets or residence change materially.

Common questions