Why Overseas Assets Need Special Attention in Your Will
More UK residents than ever own property or other assets abroad — whether it’s a holiday villa in Spain, an investment flat in Dubai, or a retirement home in France. While this sounds idyllic, there’s a hidden complication: your UK will may not automatically control what happens to that foreign property when you pass away.
Different countries have their own inheritance rules, probate systems, and tax laws. Without proper planning, your loved ones could face costly delays, double taxation, or even lose out on the inheritance entirely.
At Town & Country Law, we regularly get asked about the ins and outs of having overseas property in their wills, ensuring a smooth transfer to the people they choose — no matter where in the world the asset is.
Can a UK Will Cover Foreign Property?
Yes — a UK will can include foreign property, but its effectiveness depends on the laws of the country where the property is located. Some countries recognise UK wills; others require a separate local will to be valid.
Jurisdiction and Recognition
A UK court has authority only within the UK. If you own property overseas, the country where that property is located will generally decide whether your UK will is valid there.
Some countries apply “lex situs” — the law of the location of the property — meaning the UK will is accepted only if it meets that country’s legal requirements.
Country Recognition Table
| Country | Recognises UK Will? | Special Conditions | Notes |
|---|---|---|---|
| Spain | Yes, but must meet Spanish formalities | May still apply forced heirship | Popular expat area |
| France | Yes, but subject to EU Succession Regulation | Forced heirship rules apply | Can opt for UK law in will |
| USA | Yes, but state laws vary | Probate in the state where property is located | Separate US lawyer often required |
| Australia | Yes in most states | Probate resealing process | Commonwealth connection helps |
| Portugal | Yes, but forced heirship applies | Translation may be required | Seek local advice |
| Cyprus | Yes | Usually straightforward | Good choice for retirement |
When You Might Need a Separate Will Abroad
If you own significant property overseas, a second will prepared by a local lawyer in that country can be beneficial.
It should only cover assets in that country and include a non-revocation clause so it doesn’t accidentally cancel your UK will.
This approach:
- Speeds up probate abroad
- Avoids translation delays
- Ensures compliance with local law
🔗 Learn about Will Writing Services from Town & Country Law to ensure both your UK and overseas wills work together.
Understanding Forced Heirship Rules
In the UK, you can generally leave assets to whomever you choose. However, many countries — especially in Europe — have forced heirship laws, which dictate that a portion of your estate must go to certain relatives, regardless of your will’s instructions.
Example:
In France, if you have children, they must inherit a fixed share of your estate. You can reduce their share only within limited allowances.
The Role of EU Succession Regulation (Brussels IV)
Even after Brexit, UK citizens can use this regulation to choose UK law to govern their EU property — but you must state this explicitly in your will.
This can:
- Avoid forced heirship in some cases
- Simplify administration
- Keep your estate plan consistent across countries
If you fail to make this choice, the local law of the country where your property is located may apply automatically.
How Probate Works for Overseas Property
1. Resealing Probate
Some Commonwealth countries, like Australia and New Zealand, allow UK probate to be “resealed” in their courts. This is usually faster than a full local probate application.
2. Full Local Probate
In countries without a resealing process, your executor will often need to apply for probate there as well, potentially hiring a local lawyer.
3. Multiple Jurisdictions
When assets are in more than one foreign country, each may require a separate process.
🔗 Find out more in our Probate Services guide.
Probate Timeline Comparison Table
| Stage | UK Probate Only | Probate with Overseas Property |
|---|---|---|
| Will validation | 4–8 weeks | 4–8 weeks |
| Asset valuation | 2–4 weeks | 4–12 weeks (foreign valuations) |
| Grant of probate issued | 8–12 weeks | 12–24 weeks (dual jurisdictions) |
Tax Considerations
Owning property abroad can create double taxation risk — where both the UK and the foreign country levy inheritance tax.
Double Taxation Treaties can sometimes reduce or remove this, but they don’t exist with every country.
Common Mistakes with Foreign Property in a Will
| Mistake | Consequence | Solution |
|---|---|---|
| Only writing a UK will | May be invalid abroad | Check local recognition |
| Forgetting translations | Probate delays | Use certified translators |
| Ignoring forced heirship | Family disputes | Include UK law election where possible |
| Wills revoking each other | Overseas assets unprotected | Use non-revocation clauses |
How to Protect Overseas Property in Your UK Will
- Identify all assets abroad
- Check if UK wills are recognised there
- Consider a second local will
- Use non-revocation clauses
- Include precise property details
- Keep wills updated after buying/selling abroad
🔗 Read our Protective Property Trust guide for more on safeguarding assets.
Case Study: Avoiding Inheritance Disputes
Mr and Mrs Smith, from the UK, owned a villa in Spain. Their UK will didn’t meet Spanish formalities, leading to a two-year legal battle. After seeking advice, they created a compliant Spanish will alongside their UK will — ensuring their heirs inherited smoothly.
FAQs
Q: Can I leave my foreign property to anyone I want?
Not always. In countries with forced heirship, certain relatives have automatic rights to part of your estate.
Q: Do I need two wills if I own property abroad?
It depends. Some countries accept UK wills; others require local wills for faster probate.
Q: Will my heirs pay tax twice?
They might, unless a Double Taxation Treaty applies.
Conclusion: Protecting Your Legacy Across Borders
Foreign property can be a wonderful investment and lifestyle choice, but it adds complexity to estate planning. Without expert advice, your loved ones could face unnecessary delays, costs, and stress.
📞 Contact Us today for a free will writing consultation.