How to Write a Will as an Expat With Assets in Multiple Countries

To write a will as an expat with assets in multiple countries, start by identifying overseas assets, checking applicable inheritance laws, and deciding whether one will or separate country-specific wills are appropriate.

Each will must meet the relevant legal requirements and avoid conflicting instructions that could complicate inheritance.

Key Takeaways

  • Expats can use separate wills for different countries, provided the documents are carefully coordinated.
  • International wills must meet local legal formalities and be recognised in the relevant jurisdictions.
  • Forced heirship laws may restrict how overseas assets can be distributed.
  • Assets such as overseas property may require separate local probate proceedings before beneficiaries can inherit them.

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The information in this article is for general guidance only. It does not constitute financial, legal, or tax advice, and is not a recommendation or solicitation to invest. Some facts may have changed since the time of writing.

Is it legal to have more than one will?

Yes, it is generally possible and legal to have multiple wills, and some expats use separate wills for assets in different countries.

Multiple wills are most useful when countries have different inheritance laws or probate requirements, particularly for overseas property.

A single will may cover assets in multiple countries if the relevant jurisdictions recognize it and its provisions comply with applicable laws.

However, overseas property may require local probate proceedings, translations or additional documentation.

Separate wills can simplify administration where local procedures differ. The main risk is that one will may accidentally revoke another.

Each document should clearly define the assets it covers and be drafted to operate alongside the other wills.

Legal advice across the relevant jurisdictions can help prevent conflicting instructions.

How to write an international will as an expat with assets in multiple countries

To write an international will, expats should map their overseas assets, identify the inheritance laws that apply, choose between one will and multiple wills, and ensure each document meets the relevant legal requirements.

  1. List assets by country: Record overseas property, bank accounts, investments and other significant assets, including how each is legally owned.
  2. Identify the applicable inheritance laws: Establish which country's succession rules govern each asset and whether forced heirship restrictions affect its distribution.
  3. Decide whether to use one will or multiple wills: Determine whether a single will can cover all assets or whether separate country-specific wills would simplify local probate.
  4. Draft the will or wills: Specify beneficiaries, asset distribution, executors and the scope of each document. Ensure separate wills do not conflict or accidentally revoke one another.
  5. Meet local signing requirements: Confirm the required signatures, witnesses, notarization and other formalities in each relevant jurisdiction.
  6. Check recognition and documentation: Establish whether translations, authentication, registration or additional documents are required for overseas probate.
  7. Review and store the documents securely: Keep signed originals accessible to the relevant executors and review the arrangements after relocation, major family changes or significant asset purchases.

What should an expat include in a will?

An expat with assets in multiple countries should specify how each asset will be distributed, who will inherit it and who will administer the estate.

The will should also identify the countries where assets are held and coordinate with any separate wills covering overseas property.

Key provisions include:

  • Asset distribution: Identify overseas properties, bank accounts, investments and other assets, along with the intended beneficiaries.
  • Beneficiaries: Name beneficiaries clearly and specify alternative recipients if a beneficiary dies first.
  • Executor: Appoint an executor and an alternative, checking whether they can administer the estate across the relevant jurisdictions.
  • Guardianship: Include provisions for minor children, subject to local law and court approval.
  • Residue of the estate: State how assets not individually listed should be distributed.
  • Applicable law: Where legally permitted, specify the law governing succession and ensure the choice is valid for the relevant assets.
  • Scope of each will: If multiple wills are used, define which countries and assets each covers to prevent accidental revocation or conflicting instructions.

Expats should also check whether jointly owned property, life insurance, pensions or accounts with named beneficiaries pass outside the will.

These assets may follow separate ownership or contractual rules, so the will should be coordinated with those arrangements.

Planning Your Will? Review What Falls Outside It.

Your will may not determine how every asset passes to your beneficiaries. Consider how your international investments, retirement arrangements and other holdings fit into your wider wealth and succession plans.

Discuss Your Options

How to make an international will legally valid

To make an international will legally valid, expats must meet the signing and witnessing requirements of the relevant jurisdictions and check which inheritance laws apply to their overseas assets.

The Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions provides rules for recognizing the formal validity of wills among participating jurisdictions.

A will's form may be assessed under the law of the place where it was made, the testator's nationality, domicile or habitual residence, or the location of immovable property, where the relevant convention rules apply.

An international will under the 1973 UNIDROIT Convention is a separate legal form available in jurisdictions that have implemented it.

It is not a universal document that automatically applies in every country.

Why would a will not be valid?

A will may be invalid if it fails to meet legal signing requirements, was made under undue influence or fraud, or was created by someone who lacked testamentary capacity.

  • Incorrect execution: The will lacks required signatures, witnesses or other formalities.
  • Lack of testamentary capacity: The person making the will did not have the required mental capacity.
  • Undue influence or fraud: The document was produced through coercion, deception or improper pressure.
  • Conflicting documents: Multiple wills contain inconsistent provisions or one unintentionally revokes another.
  • Non-compliance with local law: A jurisdiction does not recognize the will's form or certain provisions.
  • Restrictions on inheritance: Forced heirship rules or other mandatory succession provisions limit how assets can be distributed.

A will can also be formally valid but fail to achieve its intended result.

For example, a foreign will might be recognized while particular assets remain subject to local succession rules or separate administration procedures.

Bottom Line

Cross-border inheritance can become complicated when the people managing an estate, the beneficiaries and the assets are spread across different countries.

Even straightforward instructions may require separate legal procedures before overseas property or funds can be transferred.

For expats, coordination between the relevant legal professionals can help prevent administrative problems from undermining the intentions expressed in a will.

The aim is to make the transfer of assets as clear and manageable as possible for the people left to carry it out.

FAQs

What assets do not pass through a will?

Jointly owned property with survivorship rights, life insurance with a valid beneficiary designation, certain pension benefits and assets held in trusts may pass outside a will.

The rules are based on the ownership structure and applicable law.

Can a beneficiary live in a different country?

Yes, a beneficiary can generally inherit assets while living abroad, although local inheritance laws, tax obligations and foreign ownership restrictions may apply.

Can the executor of your will live in another country?

Yes, provided the relevant jurisdiction permits it, although an overseas executor may face additional documentation, court approval or local representation requirements.

Can you have more than one will executor?

Yes, a will can appoint multiple co-executors, subject to local law.

For expats with assets in several countries, clearly defined responsibilities can help prevent administrative delays and conflicts.

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