Wills and Power of Attorney: The Legal Documents Every Expat Needs

Estate planning is the area of personal finance most likely to be incomplete, out of date, or structured for the wrong jurisdiction. For an internationally mobile person — someone who lives abroad, holds assets in multiple countries, or splits time between jurisdictions — the standard UK documents are necessary but not sufficient. Understanding what you need, and why, is the first step to getting it right.

The will: one document is not enough

A common misconception is that a valid UK will covers all of your assets worldwide. In most cases, it does not.

When you die with assets in multiple countries, the estate must typically be administered under the laws of each jurisdiction where significant assets are located. A UK will is probated through the English courts (or Scottish courts, if Scottish law applies). For assets in France, you also need to apply for a French grant of representation. For a property in Spain, a Spanish succession process applies. For a bank account in Cyprus, Cypriot law determines the succession process.

Whether your UK will is effective for overseas assets depends on:

• The laws of the jurisdiction where the asset is located — some countries will accept a foreign will for locally sited assets; others require a local document
• The asset type — immovable property (land and buildings) is almost universally governed by the law of the country where it is located; movable property (cash, shares, personal possessions) has more flexibility
• The EU Succession Regulation (for assets within EU member states) — this allows EU nationals or, in some circumstances, non-EU nationals to elect for the law of their nationality or habitual residence to govern EU-sited assets

The practical recommendation: if you have significant assets in a country outside the UK — typically meaning property, or substantial investments or bank balances — you should have a separate will drafted by a local lawyer in that country, covering those local assets. Your UK will should expressly acknowledge the existence of the overseas will and be drawn to avoid revoking it.

A coordinated multi-jurisdictional will structure — ideally reviewed by an adviser who understands the full picture — ensures that each will deals with the right assets, the wills do not conflict, and the estate can be administered efficiently rather than requiring expensive multi-country litigation.

Lasting Power of Attorney (UK)

A Lasting Power of Attorney (LPA) is a legal document that authorises another person (your "attorney") to make decisions on your behalf if you lose mental capacity. There are two types:

Property and Financial Affairs LPA: covers management of bank accounts, investments, property, and other financial matters. Can be used (with your permission) while you still have capacity.

Health and Welfare LPA: covers decisions about your medical care, living arrangements, and daily welfare. Can only be used when you lack capacity.

An LPA must be registered with the Office of the Public Guardian (OPG) in England and Wales before it can be used. The registration process takes several weeks and costs a registration fee (subject to change — check the current fee on GOV.UK). Scottish and Northern Irish residents have their own equivalent documents (Continuing Power of Attorney in Scotland).

The timing issue: an LPA can only be created while you have mental capacity. If you suffer a stroke, a serious accident, or develop dementia before creating one, it is too late — your family would need to apply to the Court of Protection for a Deputyship order, which is expensive, slow, and more limited. This is why creating an LPA when you are healthy and think you do not need one is exactly the right time to do it.

The international recognition problem

A UK Lasting Power of Attorney is a domestic document. It may not be automatically recognised in another country.

The Hague Convention on the International Protection of Adults (2000) provides a framework for cross-border recognition of adult protection measures, including powers of attorney, between signatory states — but the list of signatories is limited and does not include many of the countries where UK expats commonly reside.

In practice, a UK LPA presented to a Spanish bank or French notary may be rejected, or may require apostille certification and sworn translation before it is accepted. Even then, acceptance is not guaranteed.

The solution: if you live in, or hold significant assets in, another country, you need a local power of attorney created under that country's law. The terminology and structure varies:

• France: Procuration (limited) or Mandat de Protection Future (a form of advance planning for incapacity)
• Spain: Apoderamiento — a general or specific power of attorney; a Poder Preventivo or Autotutela for incapacity planning
• Italy: Procura (general or special)
• Cyprus: Power of Attorney under the Cyprus Courts of Justice Law
• Germany: Vorsorgevollmacht (a precautionary power of attorney)

Each requires a local lawyer. Some countries require notarisation and formal registration. The important thing is to identify the appropriate instrument in each jurisdiction where you have significant assets or reside, and create it while you have capacity.

The complete checklist

Use this as a working checklist. Every item with a "No" or "Not sure" requires action:

Wills

• UK will — up to date (reviewed within last 5 years or since any major life change)
• UK will addresses only UK assets (if overseas wills exist)
• Will for Country 1 (if significant assets held there): _______________
• Will for Country 2 (if applicable): _______________
• All wills have been reviewed by someone who understands the full multi-jurisdictional picture
• Executors named in each will are aware of their appointment and have copies

Powers of attorney / incapacity planning

• UK Lasting Power of Attorney — Property and Financial Affairs: created and registered with OPG
• UK Lasting Power of Attorney — Health and Welfare: created and registered with OPG
• Local power of attorney for Country 1 (if different from UK): _______________
• Local power of attorney for Country 2 (if applicable): _______________
• Attorneys are aware of their appointment and have original documents (or know where to locate them)

Nominations and beneficiary designations

• Life insurance policies — named beneficiary or trust in place and up to date
• Pension schemes — Expression of Wishes completed and updated after any life change (divorce, new child, bereavement)
• ISA — no beneficiary nomination required (ISA passes under will or ISA inherited Allowance for spouse)
• Offshore bond — nomination or trust in place

Digital assets

• List of all online accounts, digital assets, and passwords accessible to executor (stored securely, not in the will itself)
• Cryptocurrency holdings — seed phrases and wallet access recorded and accessible to executor

Practical administration

• All financial accounts listed in a "when I'm gone" document with account numbers, contact details, and login information
• Original UK will held in a safe location and location known to executor
• Overseas wills held by the relevant overseas lawyer with copies accessible to UK executor
• Funeral wishes recorded (not in the will — this may not be read in time)

Review triggers

An estate plan is not a one-time exercise. Review all documents after:

• Marriage or divorce (an existing will may be automatically revoked by marriage in England and Wales — check your situation)
• Birth of a child or grandchild
• Death of a named executor, attorney, or beneficiary
• A significant change in your asset base (buying or selling a property; major change in pension value)
• Moving to a new country
• A significant change in tax law in any relevant jurisdiction
• Every five years regardless of the above

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Legal requirements vary significantly by jurisdiction. This article provides general information and does not constitute legal advice. Always seek advice from a qualified lawyer in each relevant jurisdiction for your specific circumstances.

How Global Investments can help

Our advisers work alongside specialist estate planning lawyers and local legal networks across the jurisdictions where our clients hold assets. We can help co-ordinate a multi-jurisdictional estate plan and ensure your financial structures — pensions, bonds, trusts — are aligned with your will and powers of attorney. Contact us to begin a review.