Overseas Property in a UK Will: Does It Cover Foreign Assets?

The Key Distinction: Movable vs Immovable Property

English private international law draws a fundamental distinction between movable property (sometimes called personalty) and immovable property (realty):

• Movable property: Bank accounts, cash, shares, bonds, personal possessions, vehicles. For a UK-domiciled person, UK succession law governs movables wherever they are located in the world. A UK will is effective to dispose of foreign bank accounts, overseas shares, and personal property abroad
• Immovable property: Land, buildings, and rights in land. For all persons regardless of domicile, the law of the country where the land is situated (lex situs) governs its succession. A UK will may be presented in the foreign country as evidence of the testator's wishes but the foreign country is not bound to follow it

In practice, the distinction means that a UK will might perfectly well cover overseas bank accounts and shares, but may be ineffective for an overseas apartment or villa unless additional steps are taken.

The Lex Situs Rule for Foreign Land

The lex situs rule means that the law of France governs French land, the law of Spain governs Spanish land, the law of Australia governs Australian land, and so on. For EU countries, Brussels IV (EU Succession Regulation 650/2012) overlays this rule — see our guide on the EU Succession Regulation.

Practical consequences of lex situs:

• French forced heirship (réserve héréditaire) may apply to a French apartment even if the UK will leaves it to someone else — see UK citizen with French property
• Spanish notario process is required to transfer a Spanish villa regardless of what the UK will says — see UK citizen with Spanish property
• Australian re-sealing of the UK grant is needed to deal with Australian land — see UK citizen with Australian assets

The Wills Act 1963: Formal Validity of Foreign Wills in the UK

The Wills Act 1963 governs the formal validity of wills in England and Wales. A will is formally valid if it complies with the law of:

• The place where it was executed (where it was signed and witnessed)
• The domicile of the testator at the time of execution or at death
• The habitual residence of the testator at the time of execution or at death
• For immovable property: the law of the country where it is situated

This means a UK will executed in England that is valid under English law is formally valid in England for all purposes. Whether it is effective to deal with foreign land depends on whether the foreign country accepts it.

Most EU countries and Commonwealth countries will accept a UK will as formally valid, but will require certified translation and authentication (apostille) before their local authorities will act on it. See our guide on obtaining an apostille for a foreign death certificate.

Making a UK Will More Effective for Overseas Property

There are steps you can take to make a UK will more effective for foreign assets:

• Brussels IV election for EU property: Include a formal election under Article 22 of EU Succession Regulation 650/2012 that UK law governs your entire succession. This can make the UK will more effective for EU property — see our Brussels IV guide
• Specific reference to foreign property: Draft the UK will to expressly identify and describe foreign property (using the cadastral reference for French property, the escritura details for Spanish property, etc.)
• Separate local will: For complex foreign estates, a local will in the local language drafted by a local lawyer may be advisable alongside the UK will. See our guide on multiple wills for different jurisdictions

Practical Advice for Executors

When administering an estate with foreign property:

• Read the UK will carefully — does it contain a Brussels IV election? Does it attempt to deal with specific foreign assets?
• Identify which foreign countries hold assets and what type (movable vs immovable)
• Instruct local solicitors in each foreign country — do not assume the UK will alone will be sufficient
• Obtain apostilles on the UK death certificate, UK will, and UK Grant of Probate for use in foreign proceedings
• Check whether any foreign will also exists — see our guide on multiple wills

For the UK probate process, see our guide to applying for probate and our estate administration checklist.

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