Estate Planning Checklist for Expats: A Jurisdiction-by-Jurisdiction Approach

Estate planning is universally important. For expats — those who live in one country, own property in another, and may have pension and investment assets scattered across a third — it is critically complex. The failure to plan creates the worst of all outcomes: assets frozen for years in foreign probate, families forced to engage lawyers in multiple countries simultaneously under extreme emotional stress, unintended beneficiaries receiving assets, and avoidable tax charges being crystallised.

This checklist is designed to help internationally mobile individuals assess and address their estate planning across jurisdictions.

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1. Wills: One Per Country of Significant Assets

The Core Principle

A UK will is governed by English and Welsh law. It may or may not be recognised in a foreign country, and even if recognised, it must be submitted to foreign probate proceedings — which are slow, expensive, and conducted in a foreign language.

Best practice: execute a separate will in each country where you hold significant assets (property, bank accounts, business interests, valuable personal possessions). Each country-specific will should:

• Deal only with assets in that country
• Be drafted under and governed by local law
• Be clear that it does not revoke wills in other jurisdictions (include a clause specifying which assets and which jurisdiction it covers)

Key Countries

• UK: A UK will remains essential if you have any UK-situs assets — property, bank accounts, ISAs, SIPPs, UK company shares. Even a small UK estate benefits from a properly drafted UK will.
• Spain: Spanish succession law operates differently from English law. A Spanish will (testamento) prepared by a notary is strongly recommended for Spanish property.
• Portugal: Similar to Spain — a Portuguese notarial will for Portuguese property is recommended.
• Cyprus: Cyprus follows English Common Law succession principles; a UK-style will can be effective but local execution is preferred for administrative efficiency.
• UAE (DIFC/ADGM): Non-Muslim expatriates with UAE assets should register a will with the DIFC Wills Service or the ADGM Wills Registry. Without this, Sharia principles may apply to UAE-situs assets.
• Thailand: Thai property succession is governed by Thai law; property cannot be owned directly by foreigners (freehold) so this typically applies to leasehold interests or company structures.
• Greece: A Greek will registered with the National Registry of Wills is recommended for Greek property.

What Not to Do

• Do not assume your UK will covers overseas assets adequately.
• Do not have multiple wills that revoke each other — each will should contain a specific clause limiting it to assets in that jurisdiction.
• Do not leave wills un-updated after major life events (marriage, divorce, birth of children, acquisition of overseas property).

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2. Lasting Power of Attorney and Foreign Equivalents

UK LPA

A UK Lasting Power of Attorney (LPA) authorises a nominated person to manage your financial affairs (property and financial affairs LPA) and make healthcare decisions (health and welfare LPA) if you lose mental capacity.

LPAs must be registered with the Office of the Public Guardian (OPG) to be valid. The registration process takes approximately 10–20 weeks under standard processing. Apply while healthy — the LPA is of no use if applied for after capacity is lost.

The UK LPA is effective only in England and Wales. Scotland has its own Power of Attorney; Northern Ireland has an Enduring Power of Attorney regime.

Foreign Equivalents

Most countries have their own equivalent of a power of attorney, which operates under local law and is required for local assets:

• Spain: Poder notarial — executed before a Spanish notary. Can be drafted broadly (for all purposes) or specifically (for a property transaction).
• Portugal: Procuração — similar process via a Portuguese notary.
• UAE: A Power of Attorney executed before a notary in your emirate, or a document legalised at a UAE embassy or consulate.
• Cyprus: Power of attorney before a local notary, or via the Cyprus Embassy/High Commission in the UK.

The critical gap: A UK LPA is rarely accepted in a foreign jurisdiction without expensive and slow translation and apostille proceedings. If you have overseas property and lose capacity, your family may face a foreign court application to obtain authority to manage those assets. Executing a local power of attorney avoids this.

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3. Digital Assets Inventory

Digital assets are an increasingly significant — and frequently overlooked — part of modern estates. These include:

• Cryptocurrency holdings (Bitcoin, Ethereum, and other coins)
• Online brokerage accounts (Hargreaves Lansdown, Interactive Brokers, etc.)
• PayPal, Wise, and other payment platform balances
• Social media accounts (Facebook, Instagram, LinkedIn)
• Subscription services and digital purchases
• Domain names and websites
• Intellectual property held digitally (self-published books, digital art)

The Problem

Cryptocurrency and many online accounts are protected by private keys or passwords known only to the account holder. If you die without leaving access instructions, the assets may be permanently inaccessible.

The Solution

Maintain a digital assets inventory — a secure, encrypted document that lists:

• All digital assets with approximate values
• Login credentials and where to find them
• Private keys for cryptocurrency (stored securely — in a hardware wallet, safety deposit box, or with a trusted custodian)
• Instructions for platforms that have no automatic succession mechanism

Store this document in a place your executors can access (not just in the cloud under your personal login). Consider using a password manager that allows emergency access for a designated person.

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4. Life Insurance Nominations vs Trust

Nomination of Beneficiary

Most life insurance policies allow you to nominate a beneficiary who will receive the proceeds on your death. A nominated beneficiary can generally receive the proceeds quickly, without waiting for probate.

However: if the policy is not written in trust and the proceeds pass via a nomination, they may still form part of your estate for IHT purposes depending on the policy structure. Check with your insurer.

Write-in-Trust

Writing a life insurance policy in trust means the proceeds are legally owned by the trust (and therefore the trustees) from the moment the trust is created, not part of your estate. They pay out directly to the trust on death — bypassing probate and, if properly structured, IHT.

For large policies (especially whole of life policies intended to cover an IHT liability), writing in trust is standard practice.

Note: Pension death benefit nominations are separate from life insurance nominations and are governed by different rules (see the pension death benefits planning article for detail).

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5. Overseas Property: Forced Heirship Risk

Many countries impose forced heirship rules — mandatory shares of an estate that must pass to specified family members, regardless of what the will says.

Countries with Forced Heirship

• France: Children are entitled to reserved shares (réserve héréditaire) — half for one child, two thirds for two children, three quarters for three or more children.
• Spain: Forced heirship applies to two thirds of the estate for children.
• Italy, Germany, Greece: All impose variants of forced heirship.
• Cyprus: Protected shares for surviving spouse and children.
• UAE: Sharia-based succession for Muslims; DIFC/ADGM wills protect non-Muslims.

Brussels IV: Nominating Your National Law

For EU assets, the EU Succession Regulation (Brussels IV) allows individuals to elect for the law of their nationality to govern their succession, rather than the law of their EU country of residence. A British national resident in Spain can elect for English law to govern their Spanish estate.

This election must be made explicitly in the will. It does not happen automatically. Include the following (or an equivalent) in a Spanish will: "I elect that the law of England and Wales shall govern the succession to my estate."

Note: Brussels IV applies in EU member states. It does not apply in Cyprus, the UAE, or Thailand.

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6. UK IHT Excluded Property Trusts

For non-UK-domiciled individuals (or, under the post-April 2025 rules, those who have been resident for fewer than 10 years), assets held in an excluded property trust (typically an offshore discretionary trust) are generally outside the scope of UK IHT.

Post-April 2025 Changes

The non-dom reform effective from 6 April 2025 shifted the basis of UK IHT from domicile to long-term residence. Individuals who have been UK-resident for 10 or more of the last 20 years are now "long-term residents" whose worldwide assets are subject to UK IHT. Assets held in excluded property trusts settled before becoming a long-term resident may remain protected, but assets settled after that status is reached generally are not.

For recently arrived non-doms (fewer than 10 years UK residence), settling overseas assets into an offshore trust while still in the non-resident/short-term resident window can preserve them outside the UK IHT net for the duration of the trust.

This is a rapidly evolving area following the 2025 reforms. Specialist advice is essential.

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The Checklist

Work through the following:

• UK will in place and up to date
• Country-specific will for each jurisdiction with significant assets
• UK LPA registered with OPG (both property/financial and health/welfare)
• Local power of attorney for each country with significant assets
• Digital assets inventory created and accessible to executors
• Life insurance policies reviewed — confirm whether nomination or trust is more appropriate
• Pension nominations reviewed and up to date
• Forced heirship implications assessed for overseas property
• Brussels IV election included in EU wills if appropriate
• IHT excluded property trust position reviewed if non-domiciled or recently arrived
• Family briefed on basic estate structure (location of documents, executors, broad intentions)
• Executors and trustees confirmed they are willing to act and understand the role

Nothing in this article constitutes personal advice. Estate planning law varies by jurisdiction and changes frequently. Seek regulated, specialist guidance for your specific circumstances.

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How Global Investments Can Help

Global Investments coordinates cross-border estate planning for HNW expatriates, working with legal specialists in Cyprus, Spain, Portugal, the UAE, Greece, Thailand, and the UK. From reviewing your current documentation to commissioning a full cross-jurisdictional estate plan, we can help ensure that nothing is left to chance. Contact us to arrange a confidential estate planning review.