Why is it important to make a Will in the country where your property is located?
Owning property abroad requires careful estate planning to ensure compliance with local laws and simplify the administration of your estate in that country.
A Will specific to the foreign jurisdiction ensures that the property is distributed according to your wishes while adhering to the legal requirements of that country.
Immovable property (e. g. land or buildings) is typically governed by the law of the country where it is situated. A Will limited to that jurisdiction ensures it meets the necessary formalities.
This approach avoids potential conflicts of laws and reduces the difficulties and expenses associated with transferring assets between jurisdictions.
How to ensure your UK Will does not revoke your foreign Will
When drafting your UK Will, the revocation clause must be carefully worded to avoid inadvertently revoking any foreign Wills.
The revocation clause in your UK will should explicitly state that it applies only to UK property. This ensures that any foreign Wills remain valid and operative for assets located abroad.
Similarly, your foreign Will should include a declaration limiting its scope to property in the relevant foreign jurisdiction.
The importance of disclosing the existence of a foreign Will
It is essential to inform your solicitor about any foreign Wills you have made or intend to make. This allows for careful coordination to avoid conflicts or unintended revocation.
Providing details of your foreign Will ensures that both your UK and foreign wills work together seamlessly to reflect your wishes.
Specialist legal advice for foreign Wills
We strongly recommend consulting a lawyer qualified in the relevant foreign jurisdiction to ensure your foreign Will is properly executed and valid under local law.
A foreign legal adviser can confirm that the formalities required by that country are satisfied and that your foreign Will is enforceable.
Reviewing your Wills
Once both your UK and foreign Wills are in place, it is important to review them regularly, particularly after significant changes in your personal circumstances, family relationships, finances, or health.
Regular reviews ensure that your wishes continue to be accurately reflected in both documents.