Overseas Assets in Your Will

Can your English or Welsh will cover overseas assets?

Yes, in principle. An English or Welsh will can include provisions for assets held abroad — property, bank accounts, investments, or other holdings in another country.

However, whether your English will is recognised and enforceable in that country depends on the local laws where the assets are held. Some countries will accept a valid English will; others may not, or may only accept it after a lengthy legal process.

When a single will may be enough

For straightforward situations — such as a bank account or investment in a country that recognises English wills — a single will covering all your assets may be sufficient. Your executor would need to apply for recognition of the will in that jurisdiction, which can involve translation, notarisation, and local legal advice.

When you may need a separate will

In some cases, it makes more sense to have a separate will drafted under the laws of the country where the assets are held. This is especially true if:

• The country has forced heirship rules — laws that override your wishes and require a fixed share to go to certain family members (common in France, Spain, and much of continental Europe)
• The assets include property in a jurisdiction with its own probate or registration process
• The local legal system is unlikely to recognise a foreign will without significant delay and cost

If you do make a separate will for overseas assets, it is essential that the two wills do not accidentally revoke each other. Each will should clearly state which assets it covers and should not contain a blanket revocation clause.

Key considerations

Tell your executor

Make sure your executor knows about all your assets, including those held abroad. Provide details of:

• What the assets are and where they are held
• Any account numbers, property addresses, or registration details
• Contact details for any local advisers, banks, or agents

Without this information, your executor may never discover the assets exist.

Consider a professional executor

If your estate includes significant overseas assets, you may want to appoint a professional executor — such as a solicitor — with experience of international estates. They can coordinate with local lawyers in each jurisdiction.

Review your will when things change

If you buy or sell property abroad, move assets between countries, or if the law changes in a relevant jurisdiction, review your will to make sure it still covers everything properly.

Tax implications

Assets held overseas may be subject to inheritance tax in both the UK and the country where they are held. Double taxation treaties exist between the UK and some countries, but not all. Take professional advice on the tax position before finalising your will.

What to do next

If you have assets overseas, mention them when you complete the GetWill questionnaire. If your situation is straightforward, your solicitor can include provisions in your English will. If it is more complex, they will advise you on the best approach — which may include recommending a local lawyer in the relevant country.

The important thing is not to ignore overseas assets. If they are not covered by a valid will, they will be distributed according to the intestacy rules of the country where they are held — which may be very different from what you would want.