If you’re a resident of England and Wales, you can make a will in England with a local solicitor. In this will, you can make it clear that it covers all of your assets, no matter where they are located.
Alternatively, you can have your English will focus only on assets held in England, while making separate wills in other countries to address assets there.
If you have assets in multiple countries, including offshore holdings, you might consider an international will.
Without an international will, the distribution of your assets when you die can become complicated and time-consuming. What’s more, as each country has its own rules for probate, your assets may be distributed differently than you intended.
At Lawhive, our network of experienced wills, trust, and probate solicitors can help you make an international will for affordable fixed fees.
To get started, contact our Legal Assessment Team for a free case evaluation and no-obligation quote.
What is an international will?
An international will is a legal document that outlines how a person's assets (money, property, possessions) should be distributed after death, specifically when those assets are located in different countries.
Do I need separate wills for different countries?
If you own assets in different countries, it’s often wise to have separate wills so you can be sure that each asset follows the specific rules of that location. Each country has its own set of laws and regulations governing how assets are distributed after someone dies. Having separate wills gives you the confidence that your money, property, and/or business interests are handled according to the local legal requirements.
However, it's important to consult with a solicitor who specialises in international estate planning to determine the best approach for your specific circumstances and can help you to address:
The local laws that apply in each country.
Your specific assets and the value of them.
If and where probate can or should be taken.
Who can apply for probate in each country.
Inheritance rules for each country.
Family provision applications.
Revocation of the will.
Tax and estate administration requirements.
What is a global will?
A global will, also known as an international will, is a legal document that covers all of an individual's assets, regardless of location. It is governed by the Administration of Justice Act 1982.
Unlike traditional wills, which are typically drafted according to the laws of a specific country, a global will is designed to accommodate assets in multiple jurisdictions.
The purpose of a global will is to simplify estate planning for individuals with international connections by providing a comprehensive and clear approach to asset distribution. Instead of having separate wills for assets in different countries, a global will allows individuals to outline their wishes for all their assets in a single document.
A global will typically addresses various aspects of estate planning, including the appointment of executors and trustees, the distribution of assets among beneficiaries, and any specific instructions or wishes regarding the administration of the estate. It may also include provisions for tax planning, charitable gifts, and guardianship of minor children, among other considerations.
To ensure the validity and enforceability of a global will, it's important to work with a solicitor who specialises in international estate planning.
Can a UK will cover worldwide assets?
Yes, a UK will can cover worldwide assets.
In the United Kingdom, a properly drafted will can specify how you want your assets, whether they are located in the UK or abroad, to be distributed after your death.
This means that you can include assets such as properties, bank accounts, investments, and personal belongings located in other countries in your UK will.
However, it's essential to ensure that your UK will complies with the legal requirements of the countries where your assets are located.
While a UK will can generally cover worldwide assets, there may be specific laws or regulations in other countries that could affect the validity or enforceability of certain provisions in your will.
Who might need more than one will?
Individuals with assets or beneficiaries in multiple countries may need more than one will and it is perfectly legal to do so.
Some people who have assets in different countries might make two wills, one to deal with their assets in the country that they live in, and one will to cover where the majority of the assets are.
People sometimes choose to do this to make sure that the wills meet the different requirements of succession laws, which are unlikely to be the same across countries. They might also do this so that the estates in each country can be distributed without having to wait for the formal document that gives title to the executors.
What are the main advantages of an international will?
The main advantages of an international will, also known as a global will, include:
Comprehensive coverage: allows individuals with assets in multiple countries to put their estate planning into one document. This simplifies the process and makes sure that all assets, regardless of location, are addressed in one cohesive plan.
Clarity and certainty: By specifying how assets should be distributed across different jurisdictions, an international will provides clarity and certainty for executors, beneficiaries, and other parties involved in estate administration. This reduces the risk of confusion, disputes, or legal challenges after the individual's death.
Streamlined administration: With an international will in place, the probate process can be streamlined, as there is no need to create and administer multiple wills for assets in different countries. This saves time, effort, and administrative costs for executors and administrators.
Flexibility and adaptability: International wills can be tailored to accommodate various estate planning needs, including the appointment of executors and trustees, tax planning strategies, charitable bequests, and specific instructions for asset distribution. This flexibility allows individuals to customise their estate plans according to their wishes and circumstances.
Legal compliance: An international will is drafted to comply with international standards and legal requirements, ensuring that it is recognised and enforceable in multiple jurisdictions. This helps avoid potential challenges or complications during the probate process and provides peace of mind for the individual and their beneficiaries.
Tax efficiency: International wills can incorporate tax planning strategies to minimize tax liabilities and take advantage of tax-saving opportunities in different countries. This may include provisions for estate taxes, inheritance taxes, capital gains taxes, and other tax considerations relevant to the individual's assets and beneficiaries.
Is a will valid internationally?
Whether a will is valid internationally depends on the laws of each country involved. While some countries may recognise and enforce wills executed in other jurisdictions, others may have specific requirements or formalities for wills to be considered valid.
Many countries are signatories to international agreements or conventions, such as the Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, which aims to facilitate the recognition and enforcement of foreign wills.
However, even within countries that have ratified such agreements, there may still be variations in how foreign wills are treated.
In general, for a will to be considered valid internationally, it should meet the following criteria:
The will must comply with the legal formalities required by the jurisdiction where it was executed. This typically includes requirements for witnesses, signatures, and notarization.
The person making the will (the testator) must have the mental capacity to understand the consequences of their actions and the nature and extent of their assets.
The will must be made voluntarily, without undue influence or coercion from others.
The provisions of the will should not contravene the public policy of the country where it is being recognized.
The will must be recognized and accepted by the local authorities in the country where the assets are located.
It's important to note that even if a will is considered valid in one country, it may still need to go through a validation process or probate procedure in another country where assets are located.
Additionally, legal advice should be sought to ensure that the will complies with the laws and requirements of each relevant jurisdiction.
How do I make an international will?
To make an international will, you should consult with a solicitor who specialises in international estate planning. They can ensure that the will complies with legal requirements in different countries and accurately reflects your wishes.
To speed up the process, make a list of all your assets, including properties, bank accounts, investments, and personal belongings, located in different countries. Consider how you want these assets to be distributed after your death and share this with your solicitor.
Then, it is helpful to familiarise yourself with the legal requirements for wills in each country where you have assets or connections. This may include rules regarding witnesses, signatures, notarisation, and other formalities.
You will then work with your solicitor to draft the international will, ensuring that it accurately reflects your wishes and complies with the laws of all relevant jurisdictions. Consider including provisions for the appointment of executors, guardianship of minor children, tax planning strategies, and any specific instructions for asset distribution.
As always and with any will, arrange for the execution of the international will following the legal requirements of the jurisdiction where it is being signed. This may involve signing the document in the presence of witnesses and having it notarized or authenticated as necessary.
Remember to keep the original copy of the international will in a safe and secure location, such as with your solicitor or in a secure deposit box. Provide copies of the will to your appointed executors, trusted family members, and any other relevant parties.
And of course, review your international will periodically and update it as needed to reflect any changes in your circumstances, such as changes in assets, beneficiaries, or personal preferences.
How should I sign my international will?
International wills typically require specific formalities for signing and witnessing. Your solicitor will advise you on the correct procedure to ensure the validity of the document in the country in which your will is being made.
As always, look at the legal requirements for signing wills in the jurisdiction where you are executing the document. Each country will have specific rules regarding the number of witnesses required, their qualifications, and other formalities.
Your will should be witnessed by the appropriate number of witnesses as required by the laws of the jurisdiction where you are signing the document. Typically, witnesses must be competent adults who are not beneficiaries or closely related to beneficiaries.
Sign the international will in the presence of your witnesses, and have them sign the document in your presence as well. This ensures that the witnesses can attest to the fact that you signed the will voluntarily and with full understanding of its contents.
Don’t forget, you must sign your name exactly as it appears in the document, using your usual signature. Avoid using nicknames or abbreviations to prevent any confusion or challenges to the validity of the will.
Depending on the legal requirements of the jurisdiction where you are executing the will, you may need to have the document notarized or authenticated by a legal authority. This provides additional evidence of the validity of the will and may be necessary for its recognition in certain countries.
How is an international will executed?
An international will is executed according to the laws of the country where it is signed.
Your solicitor will guide you through the execution process to ensure compliance with legal requirements.
Should I let anyone know that I have made an international will?
It's advisable to inform your loved ones and any relevant parties, such as executors and beneficiaries, that you have made an international will. This helps avoid confusion and ensures that your wishes are known and respected.
Providing key individuals with information about your international will allow them to access important details, such as the location of the original document, contact information for your solicitor, and instructions for estate administration. This facilitates a smoother transition and ensures that necessary steps can be taken promptly when needed.
You may also want to provide them with copies of relevant documents or contact information for your solicitor to address any questions or concerns they may have. Ultimately, open communication and transparency can contribute to a smoother and more efficient estate administration process.