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

One will covering all your assets may be enough for a straightforward overseas bank account or investment. This depends on whether the country recognises English wills. Your executor may need translation, notarisation and local legal advice to have the will recognised there.

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. These rules can override your wishes and reserve a fixed share for certain relatives. They are 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

Review your will if you buy or sell property abroad or move assets between countries. Check it again if the law changes in a country connected to your estate.

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.

Do not ignore overseas assets. If they are not covered by a valid will, the intestacy rules of the relevant country may apply. Those rules may be very different from what you want.