Multiple Wills for Different Jurisdictions: Is It Advisable?

Why Multiple Wills Can Be Advisable

There are genuine advantages to having separate wills for different countries:

• Simpler local administration: A French notaire dealing with French property can work directly with a French will in French; submitting a UK will in English with certified translations takes longer and costs more
• Local legal compliance: A will can be drafted to comply with the specific formal requirements and succession law of the local country — for example, a French testament olographe (entirely handwritten will) or a Spanish will before a notario
• Faster access to assets: Local institutions may release assets faster when presented with a local will and local grant
• Dealing with local forced heirship: A local will can make appropriate provision for locally required forced heirship shares without those provisions conflicting with the UK will

The Revocation Danger: The Most Serious Risk

The biggest danger with multiple wills is the standard revocation clause. Most standard wills contain a clause along the lines of: “I hereby revoke all former wills and testamentary documents previously made by me.”

If your UK will contains this clause and you subsequently make a French will, the French will may revoke your UK will. If the French will only deals with French property, you could die intestate (without a valid will) for your UK and other assets.

The solution is to use limited revocation clauses in each will. For example:

• “I revoke all previous wills relating to my assets situated in England and Wales”
• “This will relates only to my immovable property in France and does not revoke my wills relating to assets in other jurisdictions”

These limited revocation clauses must be drafted by a lawyer who understands both the UK and foreign law implications. A mistake here can result in partial intestacy, which may be difficult and expensive to resolve after death.

The Alternative: A Single UK Will with Brussels IV Election

For UK citizens with EU property, the EU Succession Regulation 650/2012 (Brussels IV) provides an alternative to multiple wills. By including a formal election of UK law in your UK will, you can direct that UK succession law governs your assets in EU member states — including France, Spain, Italy, Germany, and Portugal.

Advantages of this approach:

• No risk of accidental revocation between multiple wills
• Single document to update if circumstances change
• Can disapply EU forced heirship rules to EU property (with some limitations)

Disadvantages:

• A single English will in English still requires translation for use with local foreign authorities
• Local authorities may be unfamiliar with Brussels IV elections and may not apply them correctly
• The election does not solve the local probate process — a notary or local administration is still needed for property transfer
• Brexit means the UK is not an EU member — UK courts will not give effect to Brussels IV; only the EU side gives effect to UK law elections

For more on the Brussels IV election, see our guide on the EU Succession Regulation.

When Multiple Wills Are the Right Answer

Multiple jurisdiction wills are most advisable when:

• You have significant property in a non-EU country where Brussels IV does not apply (such as the US, UAE, Australia, or New Zealand)
• You have complex family circumstances requiring specific provisions under local law in each country
• You want to comply with local forced heirship rules explicitly rather than trying to disapply them
• You are spending substantial time in a foreign country and want a will that local authorities will recognise immediately

Always instruct a specialist who is qualified in both UK law and the relevant foreign law. Do not simply translate a UK will — the legal requirements of different countries vary enormously in terms of execution formalities, witnessing, and content.

What to Check If Multiple Wills Already Exist

If the deceased had multiple wills, the executor must:

• Review all the wills and check their revocation clauses carefully
• Establish whether any will has accidentally revoked another
• Determine which will applies to which assets
• Consider whether any conflicts between the wills need to be resolved by the court
• Ensure that all wills are presented to the relevant authorities in each country

For the broader estate administration picture, see our complete UK probate guide, estate administration checklist, and our UK inheritance tax guide. For questions about whether a UK will covers overseas property, see our guide on overseas property in a UK will. For recognition of a foreign grant in the UK, see our guide on how a foreign grant is recognised in the UK. For document authentication, see our guide on apostilling a foreign death certificate. For the EU Succession Regulation, see our EU Succession Regulation guide. For resealing a Commonwealth grant, see our guide on resealing a Commonwealth grant of probate.

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