Multiple Wills for Foreign Assets: When You Need a Separate Will Abroad
If you own a property in France, Spain, Ireland, or elsewhere, your English will is unlikely to be sufficient on its own. A locally drafted will can save months of delay and thousands in foreign probate costs — but the two wills must be carefully coordinated to avoid one revoking the other.
Why Foreign Property Needs a Foreign Will
The lex situs rule — the law of the place where property is situated — governs succession to immovable property in most countries. For immovable property (land and buildings), the country where it is located applies its own succession law.
UK resident dies with French apartment:
French succession law governs the French apartment. Your English will is valid but must be translated, apostilled, and presented to the French notaire. Process can take 1–2 years without a French will.
With a French will drafted in France:
The French notaire deals with the French property under French procedure using the local will. Typically 3–6 months. Much cheaper and faster.
Critical: Avoid Accidental Revocation
The danger: a new will that revokes all previous wills
Most standard wills — in England and in most foreign countries — include a revocation clause: “I hereby revoke all former wills and codicils.” If your French solicitor drafts a will with this clause, it may revoke your English will — leaving your UK estate intestate.
This is one of the most common and costly mistakes in multi-jurisdiction estate planning.
✓ Scope each will to a specific jurisdiction
Each will should state clearly: 'This will applies to all my immovable property situated in France' (or 'to all my assets wherever situated except those covered by my French will dated [date]'). The governing scope prevents one will applying to the same assets as another.
✓ Use a narrowly drawn revocation clause
'I hereby revoke all former wills and testamentary dispositions relating to my French immovable property' — not 'all former wills'. This limits the revocation to the assets covered by the new will.
✓ Cross-reference the other will
Each will should acknowledge the existence of the other: 'I make this will in addition to my English will dated [date] which deals with my UK estate.' This makes the coordination clear.
✓ Brief each drafting lawyer on all wills
Tell every lawyer you instruct that you have or are making wills in other jurisdictions. They should coordinate the clauses. Do not leave it to chance.
Common Overseas Property Scenarios
| Country | Forced heirship? | EU Succession Regulation? | Recommendation |
|---|---|---|---|
| France | Yes — children's réserve | Yes — can elect English law | French will + English law election recommended |
| Spain | Yes — legítima (children) | Yes — can elect English law | Spanish will + English law election recommended |
| Portugal | Yes — forced share | Yes — can elect English law | Portuguese will + election |
| Germany | Yes — Pflichtteil | Yes — can elect English law | German will + election |
| Italy | Yes — quota indisponibile | Yes — can elect English law | Italian will + election |
| Ireland | Yes — spouse/civil partner 1/2 if intestate | No (non-EU after Brexit) | Irish will recommended |
| Australia / New Zealand | No absolute forced heirship | No | Australian/NZ will recommended |
| USA | Varies by state; generally no | No | State will recommended |
This is a general summary only. Take specific legal advice for your country of ownership.
Frequently Asked Questions
Why might I need a separate will for assets I own abroad?
When you die, the law that governs what happens to your assets depends on where those assets are situated (the 'situs' rule). For immovable property (land and buildings), most countries apply their own domestic succession law, regardless of what your English will says. A French apartment, Spanish villa, or Irish farmhouse will typically be administered and transferred under the laws of France, Spain, or Ireland — not under English law. While your English will is valid in principle, a foreign court or notary may not accept it without translation, legalisation, or an apostille, and the process can be slow and expensive. Having a locally drafted will for foreign property: (1) speeds up the local probate/succession process; (2) avoids costly translation and legalisation fees; (3) allows the foreign will to comply with local formal requirements; (4) lets you take advantage of local planning opportunities (e.g. usufruct in France, German testamentary freedom). The downside: you must keep multiple wills coordinated, and if not drafted carefully, they can accidentally revoke each other.
How do I stop a new will from revoking my existing English will?
In England and Wales, a will is revoked by a subsequent will that contains an express revocation clause ('I hereby revoke all former wills') or by implication when a new will is clearly intended to be the testator's last complete expression of their testamentary intentions. If you make a foreign will that says 'I revoke all former wills', it will revoke your English will — even if it was only intended to cover foreign assets. To prevent this: (1) Each will should contain a governing law clause specifying that it applies only to assets in a particular jurisdiction (e.g. 'This will applies to all immovable property situated in France'). (2) The revocation clause should be narrowly drawn: 'I hereby revoke all former wills relating to my French immovable property'. (3) If possible, all wills should cross-reference each other: 'I make this will in addition to my English will dated [date] relating to my UK estate'. (4) Tell each drafting lawyer about the existence of the other will(s) so they can coordinate the clauses.
What is the EU Succession Regulation (Brussels IV) and does it affect UK residents?
EU Succession Regulation 650/2012 (Brussels IV) applies to the estates of people who die habitually resident in an EU member state, or whose estate includes assets in EU member states. Its key rule: the law of the country where the deceased was habitually resident at death governs the succession of the entire estate (including foreign property in EU countries). A key option: an EU national can make a 'choice of law' declaration in their will electing the law of their nationality to apply instead. The UK left the EU, so: (1) Brussels IV does not apply to UK domestic succession — English law still governs English assets; (2) For UK residents with assets in EU countries, Brussels IV may apply to the EU assets — meaning the EU country's courts could apply the law of habitual residence (English law for UK residents) to their EU property; (3) For EU nationals living in the UK, Brussels IV lets them elect their national law to apply to their EU assets. The practical implication for UK residents: a choice of law clause in a will (electing English law) can be valuable if you own property in EU countries and want English-style succession (full testamentary freedom) to apply. French, German, and Spanish forced heirship rules may otherwise apply.
What countries have forced heirship rules that affect what I can leave in my will?
Many countries have 'forced heirship' rules that require a portion of the estate to pass to certain heirs (typically children and sometimes spouses), regardless of what the will says. England and Wales has no forced heirship — you can leave your estate to anyone. But: (1) France: 'réserve héréditaire' — children are entitled to a minimum share (1/2 of the estate for one child, 2/3 for two children, 3/4 for three or more); (2) Spain: 'legítima' — children are entitled to 2/3 of the estate (1/3 strict legal portion, 1/3 improvement portion which can be directed to any child); (3) Germany: 'Pflichtteil' — children, spouses, and parents can claim 50% of their intestacy share; (4) Italy: 'quota indisponibile' — similar to France; (5) Scotland: 'legitim' — children can claim up to 1/3 of the moveable estate regardless of the will. If you own property in a forced heirship country, local estate planning advice is essential to understand your testamentary freedom and whether the EU Succession Regulation choice of law option can help.
How should I list foreign assets in my English will?
If you have a separate foreign will for your overseas assets, your English will should: (1) Specifically exclude the foreign assets: 'I give my UK estate (excluding any property situated outside the United Kingdom)...'; (2) Cross-reference the foreign will: 'I have made a separate will dated [date] in respect of my property situated in [country]'; (3) Include a residuary clause covering any overseas assets not dealt with by the foreign will (in case the foreign will is declared invalid or the foreign assets change); (4) Name an executor with authority to deal with foreign assets if needed — an English executor has no automatic authority in a foreign jurisdiction but can work with local lawyers. If you do not have a separate foreign will, your English will can deal with foreign assets, but executors may face delays, translation costs, and foreign probate proceedings. For modest-value foreign assets (e.g. a small bank account), executors sometimes deal with these informally using the English grant of probate plus an apostille.
Start With a Solid English Will — Then Add the Foreign Will
Your English will is the foundation — covering all UK assets clearly. The WillSafe kit gives you a professionally structured English will from £19.97, which you can then coordinate with foreign will lawyers.