Categories International Wills

Own Property in Multiple Countries? Here’s Why You Need an International Will

A single UK Will rarely covers everything you own if your assets sit in more than one country. Each jurisdiction applies its own probate rules, and without a document built to work across borders, your family can face lengthy delays and legal costs that could have been avoided.

This catches more people out than you’d think. A holiday home in Spain, a rental flat in Dubai, shares held with a broker overseas – none of these fit neatly under a standard British Will, and the gap tends to surface at the worst possible moment for the people left behind.

Why Does Owning Foreign Property Complicate Probate?

Every country applies its own inheritance laws. Some don’t recognise a UK Will at all, which means your estate could sit frozen, be taxed twice, or be distributed according to rules you never agreed to.

Foreign courts frequently require documents to be translated and notarised before probate can proceed; local legal standards must be met before a single asset is released. Families who aren’t warned of this beforehand often find themselves waiting, with no clear timeline and mounting professional fees.

There is also the matter of forced heirship. In several jurisdictions, a fixed share of an estate must pass to particular relatives by law, whatever the Will itself states. A carefully written UK Will can still be overridden on foreign soil for this reason alone.

What Exactly Is an International Will?

An international Will is a legal document. It is recognised in multiple jurisdictions. This Will distributes your foreign assets.

It complements your existing UK Will. Note that each document operates within its legal system. It addresses the particular requirements of the country in which it applies.

For anyone with a portfolio spread across several countries, international Wills for global investors are close to essential rather than optional. Property, pensions, and business interests held abroad each carry distinct legal weight, and overlooking any one of them can create real difficulty for those responsible for administering the estate.

Which Assets Need Covering in an International Will?

Property is the most obvious category, though rarely the only one requiring attention. Bank accounts, investment portfolios, business shareholdings, and valuable personal possessions held abroad can all fall under a legal framework quite different from the one that applies in the UK.

Time-shares are frequently overlooked. Modest in value compared with a house, they remain a legal asset in a foreign jurisdiction, and unresolved ownership can delay the wider probate process considerably.

Assets held across more than one tax treaty zone raise a further concern: double taxation. Certain treaties between the UK and other countries exist to reduce this burden, though identifying which treaty governs which asset is precisely the kind of detail that proves difficult without proper advice.

How Does an International Will Prevent Double Taxation?

An international Will cannot remove every tax obligation on its own, but it can be structured with existing UK tax treaties in mind, lowering the risk of an estate being taxed twice on the same assets. Double taxation arises when two countries each claim the right to tax the same income or assets.

Do You Still Need a Separate UK Will Alongside It?

International wills for global investors are designed to work alongside a UK Will. Note that each document addresses the assets as well as the legal requirements.

Combining every asset from every country into a single document tends to cause problems. Foreign courts generally expect paperwork that meets their own legal standards. Note that a Will drafted solely under UK law may not be accepted when tested overseas.

What Happens If You Die Without International Wills for Global Investors?

Dying without proper cross-border estate planning means foreign assets may be distributed under local intestacy law, which can bear little resemblance to what you would have chosen yourself.

The practical consequences are considerable: separate probate applications running in parallel, legal fees accumulating in more than one currency, and a wait of months, sometimes years, before beneficiaries can access what is rightfully theirs. Property investors holding assets in two or three countries encounter this difficulty regularly, often without anticipating it until it is too late to prevent.

Who Should Consider Setting One Up?

Anyone holding property, savings, or investments outside the UK should give this serious consideration, particularly where assets are located in a country with forced heirship rules or a notoriously slow probate system.

Landlords with overseas rental property, retirees with a second home abroad, and business owners with holdings in more than one country are among those most exposed to this risk. If any of this describes your circumstances, it is worth reviewing precisely what your estate looks like on paper.

Final Words

Cross-border estate planning should not be left until later in life. The sooner your documents reflect the true extent of your assets, the less your family will need to untangle when the time comes. International wills exist because domestic planning alone was never designed to accommodate multiple jurisdictions, and addressing that gap now spares considerable difficulty later. Sound advice at an early stage ensures your wishes are honoured, spares your family the burden of cross-border paperwork, and allows your estate to move through probate with far less friction than it would otherwise encounter.

We at Abacus Wills & Trusts can advise you accordingly and create an appropriate International Will for you. We will also ensure that any document we create for you is low-cost, competitive. Our team will endeavour to beat any quote from elsewhere, all whilst maintaining our professional standards.

FAQs

Is an international Will legally binding everywhere?

It is recognised in countries that follow the Uniform Law on the Form of an International Will, though recognition varies elsewhere.

Can an international Will be updated later?

You can revise it whenever foreign assets change.

Does it cover jointly owned overseas property?

It can cover property owned jointly. Note that the joint ownership rules differ by country.

Categories Probate

Understanding Probate

Once a person dies, their Will goes into probate. This is the process where the Executor(s) of the Will applies to get a ‘Grant of Representation’ or a ‘Grant of Probate’ to access the estate of the deceased person and distribute everything according to the Will left.

You can apply for the Grant of Probate, as can a solicitor on an individual’s behalf, or an external person licensed to provide a probate service.

Probate can sometimes be a confusing process, to make things easier to understand, we’ve broken the process down.

The process of probate can be broken down in 5 steps:

1. You will need to check that there is a Will in place. This will normally detail who should be the Executor of the Will; if not, you will have to apply for the Grant of Representation.

Should there be no Will at all, the next of kin can then apply for ‘Grant of Letters of Administration’ and become an ‘administrator’ of the estate.

2. Apply for probate, or Grant of Representation. This will give you legal access to the person’s estate.

3. Pay any Inheritance Tax that is due, as well as any unpaid debts.

4. Collect all of the estate’s assets, such as money from the sale of the person’s property.

5. Distribute the estate, according to the Will, to all beneficiaries listed in the Will.

We know that the process of probate can be long and sometimes stressful, we at Abacus Wills and Trusts can put you at ease and guide you through the process, as well as being able to help and advise you in appointing Executors in your own Will.

If you have any questions or queries on the process of probate, or if we can help in any way, please don’t hesitate to contact us.

Categories Trusts

What are the main Trust types?

As specialists in our field, we understand that the terminology and vast amount of information on Trusts can sometimes be a daunting task, particularly with the gravity behind making decisions on trust funds.

For this reason, we’ve broken down the main types of trust funds for you below.

The Main Types of Trust Funds:

• Interest in Possession Trusts – The trustee must pass on all trust income to the beneficiary as it becomes available

• Discretionary Trust – The trustee can make certain decisions, based on their discretion, about how to use the income and occasionally capital in the Trust.

• Bare Trust – Is where the beneficiary has a right to both income and capital if over the age of 18.

• Accumulation and Maintenance Trusts (or A&M trusts) – Are types of discretionary trusts, where the trustees can accumulate income and add to the capital within the Trust for the benefit of children (under the age of 18).

• A Living Trust – Is ideal for those who have complex financial or personal situations. They can be updated (if revocable) as circumstances change or arise. Find more information here on living trusts on our living trusts page.

• A Pilot Trust – Allows an individual to receive funds or the estate from a legacy in their Will once they die. You can find more information on pilot trusts on our pilot trust page here.

• Bereaved Minors Trust – Is a trust for those under the age of 18 who have lost at least one parent or step parent.

• Trusts for Vulnerable People – To qualify for this kind of trust, the beneficiary must be under the age of 18 and has a deceased parent or is disabled. For more information on this, please contact us.

For more information or to talk to us further about creating a trust fund, please don’t hesitate to contact us. We are able to come to you, in the comfort of your own home, and your convenience.

Categories Wills & Estate Planning

Writing Your International Will

These cases are perfectly simple and easy to distinguish. In a free hour, when our power of choice when nothing

Many ex-pats or those who live abroad with family living in the UK require Wills that are applicable not only to English law, but also adhere to the law of the relevant country.

We know that the fun of living abroad can detract from the reality of creating solid legal documentation, so you’ll find below a few things to bear in mind when thinking about creating your foreign Will.