Writing a Will Abroad: Legal Requirements in Different Jurisdictions

Why Where You Write Your Will Matters

A will is a legal document, and like all legal documents it must satisfy formal requirements to be valid. Those requirements differ markedly between countries. A will that is perfectly valid in England may be unenforceable in Spain; one that complies with French formalities may not be accepted in Dubai. For an expatriate with assets in multiple countries, getting the formalities right — in every relevant jurisdiction — is not merely a technicality. It can mean the difference between your estate being administered as you intended and a protracted, expensive legal dispute that delays distribution for years.

This guide sets out the key formal requirements in the jurisdictions most commonly relevant to internationally mobile individuals, the international conventions that facilitate cross-border recognition, and the practical steps you should take if you have assets or connections in more than one country. As of 2026, the legal position is as described below, but laws change — always verify current requirements with qualified local lawyers.

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What Makes a Will Valid? The Core Requirements

Across most legal systems, a valid will requires:

1. Testamentary capacity. The testator must be of legal age (usually 18, though some jurisdictions have lower thresholds for married minors or military personnel) and must have mental capacity to understand the nature of the will, the extent of their property, and who has a claim on it.

2. Intention to make a will. The document must be intended as a final statement of wishes, not a draft, letter, or memorandum.

3. Formal execution. The will must be signed and witnessed in the manner required by local law. This is where jurisdictions diverge most sharply.

4. Freedom from undue influence. A will made under duress or the improper influence of another person may be set aside.

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Key Jurisdictions: Formal Requirements

United Kingdom (England and Wales)

A will must be in writing, signed by the testator (or by someone in their presence and at their direction), and witnessed by two independent adult witnesses who are both present at the time of signing. Witnesses — and their spouses or civil partners — should not be beneficiaries, as a gift to a witness may be void even if the will itself is not. Beneficiaries may still act as executors.

There is no requirement for a notary, court registration, or specific format. A handwritten (holographic) will that complies with the above is valid, though typed wills are far more common and less susceptible to dispute.

Scotland and Northern Ireland have separate legal systems with some differences. Scots law, for example, does not require the testator and both witnesses to be present simultaneously.

France

French law requires one of three forms: a holographic will (entirely handwritten, dated, and signed by the testator — no witnesses required but no typing permitted); an authentic will (dictated before a notary and two witnesses, then signed); or a mystic will (sealed and presented to a notary in the presence of witnesses). All three are valid; the holographic will is the most used by private individuals, but an authentic will is more difficult to challenge.

France imposes forced heirship (réserve héréditaire) — a mandatory share for children — which limits what you can leave by will regardless of its formal validity.

Spain

Spain requires an authentic notarial will (testamento notarial abierto) in most cases. The testator declares their wishes before a notary, and the notary drafts and retains the original. A holographic will is also permitted: entirely handwritten, dated, and signed, but must be authenticated by a notary after death. All wills should be registered with Spain's Central Registry of Last Wills.

As with France, Spanish forced heirship (legítima) reserves a minimum share for children and, in some circumstances, parents.

Germany

A holographic will — entirely handwritten, dated, and signed — is valid. An authentic notarial will is also permitted and is more secure. Germany's forced heirship (Pflichtteil) system grants a monetary claim (not a share in kind) to certain relatives if excluded by will.

United Arab Emirates

The UAE has a dual legal system. Federal Decree-Law No. 41 of 2022 (applicable to the UAE generally) and emirate-level rules interact with Sharia-based provisions. For Muslims, UAE federal personal status law applies. For non-Muslims, the UAE now permits foreigners to register a will that applies their national law to assets within the UAE — a significant change that came into force progressively from 2020.

The Dubai International Financial Centre (DIFC) Wills Service Centre and the Abu Dhabi Judicial Department both operate English-language will registration services for non-Muslims. A DIFC will can cover assets across the UAE, is recognised internationally, and avoids the default application of UAE civil law (which draws on Sharia principles). If you hold UAE property without a registered will, distribution may be frozen pending a court order that applies local succession rules.

Singapore

Singapore follows English common-law requirements: the will must be in writing, signed by the testator in the presence of two witnesses who also sign. Witnesses and their spouses should not be beneficiaries. Notarisation is not required. Singapore has no forced heirship for non-Muslims.

United States

Requirements vary by state. Most US states require a written will signed by the testator and two witnesses. Some states recognise holographic wills. Louisiana, with its civil-law heritage, has unique forced heirship rules for minor children and children with disabilities.

Australia

Australian states and territories broadly follow English requirements (written, signed, two witnesses). Queensland introduced a more liberal regime for holographic and informal wills. The Family Provision Act and its state equivalents allow certain relatives to claim a share of the estate through the courts even if excluded by will, creating a soft version of forced heirship.

Cyprus

Cyprus follows English common-law requirements closely. A will must be written, signed, and witnessed by two independent witnesses. The courts of Cyprus recognise foreign grants of probate from Commonwealth countries in most cases, facilitating administration of estates held cross-border.

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International Recognition: The Hague Convention

The Hague Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions is the key international instrument on this point. It has been ratified by more than 40 countries, including the UK, most EU member states, Australia, and others. (It should not be confused with the separate 1973 Washington Convention, which provides a uniform form for an "international will" — a different instrument with far fewer parties.)

Under the Convention, a will is formally valid if it complies with the internal law of:

• The place of execution (where the will was signed)
• The testator's nationality at time of execution or death
• The testator's domicile at time of execution or death
• The testator's habitual residence at time of execution or death
• For immovable property, the place where the property is situated

This broad test means that a will validly executed in England is likely to be formally valid in all Convention countries — so long as it meets at least one of those connecting factors. However, formal validity does not mean the will governs the entire estate. Substantive succession law (including who inherits what) is a separate question.

The EU Succession Regulation (Brussels IV) adds a choice-of-law dimension for EU member states: EU citizens can elect in their will for their national law to govern the entire succession.

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Practical Steps for Internationally Mobile Individuals

Step 1: Map Your Assets and Jurisdictions

List every country where you hold property, bank accounts, investments, pension rights, or business interests. For each country, note whether it requires local probate, whether it has forced heirship rules, and whether it will recognise a foreign will.

Step 2: Decide on One Will or Several

A single will governed by English law may be recognised across multiple common-law countries and Convention signatories. For countries with mandatory local form requirements (France, Spain, Germany), a separate local will may be more practical. If you use multiple wills, each must be clearly scoped to avoid unintentional revocation.

Step 3: Include a Non-Revocation Clause

If you have more than one will, each should contain a clause specifying that it revokes only prior wills dealing with the same assets or jurisdiction — not all prior wills globally.

Step 4: Use Local Lawyers for Each Jurisdiction

Your UK solicitor can draft your English law will, but for assets in France, Spain, the UAE, or elsewhere, instruct local qualified lawyers (notaires in France and Spain; DIFC-registered lawyers in Dubai). Coordinate across all advisers.

Step 5: Register Your Will Where Possible

Many countries have voluntary or mandatory will registers. England and Wales has the National Will Register (not compulsory but recommended). France, Spain, Belgium, and others have central registries. The DIFC and Abu Dhabi Judicial Department registers exist specifically for expatriate wills. Registration ensures your will can be located after death.

Step 6: Keep Your Will Under Review

Review your will whenever you: acquire property in a new jurisdiction; change residence or domicile; marry, divorce, or have children; or when relevant laws change. Marriage automatically revokes a will in England and Wales (unless the will was made in contemplation of the marriage). Divorce may revoke gifts to a former spouse. None of this is automatic elsewhere.

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Common Pitfalls

Assuming your home-country will covers everything. It does not necessarily. A UK will governs movable property according to your domicile, but local succession law may apply to real estate in other countries — and local courts will not automatically accept a foreign will without a formal recognition process.

Letting a will lapse out of date. An outdated will may name deceased executors, leave assets to former spouses, or exclude children born after it was written. Intestacy (dying without a valid will) in a foreign jurisdiction can have severe consequences.

Failing to update beneficiary nominations. Life policies, pension schemes, and some investment accounts pass by nomination, not under your will. These nominations must be kept separate and current.

Using online will templates without legal advice. Template wills may not comply with local formalities, and they rarely address the complexities of an international estate.

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How Global Investments Can Help

At Global Investments, we work with internationally mobile HNW clients to coordinate estate planning across multiple jurisdictions. We can review your existing wills, identify conflicts or gaps in coverage, and refer you to specialist legal advisers in each relevant country.

We also help ensure your financial assets — pension nominations, trust structures, life policies, and investment accounts — are aligned with your overall estate plan, so that every element of your wealth passes as you intend.

Contact us for a confidential review of your estate planning arrangements.

This guide is for general information only and does not constitute legal advice. Requirements vary by jurisdiction and change over time. Always seek advice from qualified lawyers in each relevant country. As of 2026.