Foreign Wills

If you have assets overseas you need to ensure that you have a valid will that covers those assets. Depending on the country that you are dealing with, you may need a separate foreign will in addition to your UK will. A common mistake is to assume that the intestacy rules in the foreign country mirror those in England and Wales.

If you own property in Spain for example, you might think that the property would simply pass to your partner on your death but this is not necessarily the case. If you do not have a valid Spanish will, the property will usually pass 50% to your spouse and 50% to your children. If your children are under 18 at the time of your death, your spouse will not be able to sell the property in Spain without an expensive court order from the UK confirming that the children can consent to the sale. This is because children cannot own property in the UK in their own names and therefore they cannot sell property either in the UK or abroad.

We cannot give specific legal advice regarding foreign wills but we strongly recommend that you obtain independent legal advice from a lawyer that is qualified to deal with wills and probate in the country in which you have assets. You should also ensure that your British legal advisor is aware of the foreign assets when preparing or altering your UK will.