Wills for Internationally Mobile Individuals: A Practical Guide

For most people, a will is a document they make once and revisit rarely. For internationally mobile individuals — those who live, own property, and hold assets across multiple countries — the question of how to make a will (or wills) that actually achieves their intentions is one of the most important and most frequently mishandled areas of financial planning. This guide explains what you need to know.

Why a Single Will Often Fails Internationally

The underlying problem is that there is no single, global succession law. Each country has its own rules about:

• Who can inherit what from an estate
• What formalities are required for a will to be valid
• How estate administration (probate) works in that country
• Whether foreign wills are recognised and, if so, under what conditions

A will that is perfectly valid and effective under UK law may face significant obstacles when applied to property in France, investments held in Singapore, or a bank account in Cyprus. The obstacles are not always insurmountable, but they introduce delay, cost, and uncertainty that a multi-jurisdiction will structure can largely avoid.

Consider a UK national who owns a flat in London, a house in Portugal, and an investment account in Luxembourg. When they die with only a UK will:

• The UK will governs the English flat through the standard UK probate process.
• For the Portuguese house, the executor must present the UK grant of probate to the Portuguese Conservatória do Registo Predial (land registry). The process may require translation, notarisation, apostille, and recognition of the UK probate — adding months and potentially thousands of euros in costs.
• If the individual was habitually resident in Portugal at death, Brussels IV may mean Portuguese succession law applies to the estate, potentially triggering forced heirship provisions regardless of what the UK will says.
• The Luxembourg investment house will have its own requirements for accepting a foreign grant of probate.

A properly structured multi-jurisdiction will arrangement deals with each asset in the most straightforward way.

EU Succession Regulation (Brussels IV): The Key Tool for EU-Resident UK Nationals

Since August 2015, EU Succession Regulation (Brussels IV) has applied in all EU member states except Denmark and Ireland. It is the most important international succession law development of recent decades for internationally mobile individuals.

Default rule: Brussels IV defaults to the succession law of the country where the deceased was habitually resident at death. For a UK national living in France, this would mean French law governs the estate — including French forced heirship rules (réserve héréditaire).

Election of nationality law: Brussels IV allows an individual to elect, in a valid will, for the law of their nationality to govern their estate. A UK national resident in France, Spain, Italy, Greece, or any other EU member state (except Denmark and Ireland) can elect UK law and thereby escape forced heirship rules that would otherwise apply.

How to make the election: the election must be expressly stated in the will. A form of words such as "I elect that the law of England and Wales shall govern my estate pursuant to Article 22 of EU Succession Regulation (EU) No 650/2012" is typically included.

Important limitations:

• The election covers assets in EU member states. For UK assets, UK courts apply their own private international law rules, which have not been aligned to Brussels IV since Brexit.
• Property in non-EU countries (Switzerland, UAE, and others) is not covered. Cyprus, although an EU member, did not opt into the Regulation in the way most participating states did; in practice its effects can still reach Cyprus-connected estates where the deceased had links to a participating state, so take Cyprus-specific advice.
• The election should be reviewed to ensure it remains legally robust; take advice from lawyers in both the UK and the relevant EU member state.

Mirror Wills vs Separate Jurisdiction Wills

Mirror wills are matching wills made by two partners, typically leaving everything to the surviving partner and then to children. They are standard for UK couples with simple, single-jurisdiction estates. For internationally mobile individuals:

• Mirror wills work well for the UK dimension but do not address foreign assets.
• A couple with different domiciles of origin (one British, one French) may face different applicable succession laws, making their mutual intentions difficult to achieve through a single mirror will structure.

Separate jurisdiction wills — distinct wills for each country where you hold property or significant assets — are generally the recommended approach for internationally mobile individuals. Each will:

• Is drafted under the local law of the relevant jurisdiction, ensuring formal validity.
• Covers only assets in that jurisdiction, to avoid unintended revocation of other wills.
• Is consistent in its overall scheme with wills in other jurisdictions.
• Makes any applicable Brussels IV election (for EU-jurisdiction wills where appropriate).

The consistency requirement is critical. If your French will and your UK will both purport to deal with all assets globally, they are likely to be inconsistent and potentially contradictory. Careful drafting — ideally by lawyers in both jurisdictions working together — is essential.

The Revocation Problem: A Common Pitfall

One of the most serious and most common errors in multi-jurisdiction will planning is the inadvertent revocation of one will by another. Most standard will templates include a clause revoking all previous wills ("I revoke all former wills and testamentary dispositions previously made by me"). If your Spanish will contains this clause, it may revoke your previously made UK will.

Solutions:

• Limit the scope of each will: expressly state that each will covers only assets in a specified jurisdiction and does not revoke wills in other jurisdictions. Example: "This will governs only my assets situated in Spain and does not affect any other will I have made or may make in relation to my assets situated elsewhere."
• Co-ordinate drafting: ensure the lawyers in each jurisdiction are aware of the full picture and draft their will with the others in mind.
• Review the full set regularly: when updating any one will, review all others to ensure consistency is maintained.

What Makes a Will Formally Valid in Different Countries?

Formal validity requirements vary significantly:

Common law countries (UK, Ireland, Australia, and others): a will must typically be in writing, signed by the testator in the presence of two witnesses, who both also sign. Witnesses must not be beneficiaries.

Civil law countries (most of continental Europe, Latin America, much of Asia): two main forms are common:

• Notarial will (testament authentique/notariell): dictated to and recorded by a notary in the presence of witnesses. The notary holds the original and registers it. This is the most secure form.
• Holographic will (olographe): entirely handwritten, dated, and signed by the testator — no witnesses required in many civil law systems. Convenient but prone to disputes about authenticity and capacity.

Hague Convention on the Law Applicable to Succession: signed by several countries, this convention provides rules for the formal validity of wills across signatory states. Check whether your destination country is a signatory.

For practical purposes, instructing a qualified local lawyer in each jurisdiction to draft the relevant will is the most reliable approach to ensuring formal validity.

When to Update Your Wills

Life events that should trigger an immediate will review for internationally mobile individuals:

• Marriage or civil partnership: in England and Wales, a will is automatically revoked on marriage unless it was made in contemplation of that marriage. Check the position in each jurisdiction where you have a will.
• Divorce: divorce does not automatically revoke a will in the UK (though gifts to an ex-spouse are treated as if the ex-spouse had died). In many civil law countries, divorce has automatic effects on existing wills.
• Birth of a child or grandchild: review whether your existing beneficiary structure reflects your intentions given the new addition.
• Death of a beneficiary or executor: update to name alternatives; a will that appoints only one executor who predeceases the testator creates complications.
• Move to a new country: review whether your existing will structure remains appropriate for your new tax residency and applicable succession law.
• Significant change in assets: particularly acquiring or disposing of property in a jurisdiction covered by one of your jurisdiction-specific wills.
• Change in applicable law: succession and tax law change. A will that was optimal when drafted may be suboptimal five years later if the law has changed.

As a general rule, review the full suite of your wills at least every three to five years even in the absence of specific triggers.

Storing and Registering Wills

Ensure your executors and chosen family members know where your wills are and can locate them promptly after your death.

• UK wills: can be registered with the National Will Register (Certainty) or held by a solicitor. Original should be held securely.
• EU wills: most EU member states participate in the European Wills Register network. Notarial wills are automatically registered by the notary.
• Non-EU wills: hold originals securely and ensure executors have copies and know where to find them.

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The information in this guide is for general educational purposes only and does not constitute financial, tax, or legal advice. Will and succession law is jurisdiction-specific and changes over time. You should instruct qualified legal professionals in each relevant jurisdiction before making or amending any will.

How Global Investments Can Help

Global Investments works with internationally mobile clients to identify gaps in their will and succession planning and to co-ordinate with legal professionals across jurisdictions to ensure a coherent, effective testamentary structure. We work with our network of legal advisers in Cyprus, the UK, and across Europe to help clients achieve a succession plan that reflects their intentions and works across all the countries where they hold assets. Contact us to arrange a succession planning review.