What you need to know about overseas property in a will, and how to make sure your wishes are protected, wherever in the world your assets are.

You've written your will. You've named your executors, thought carefully about who gets what, and made sure the people you love are looked after. That's a big deal, and it matters.

But if you own property or assets outside England and Wales, a holiday home in Spain, a bank account in France, an investment in Dubai, there's something important you need to know: your UK will may not automatically cover them.

This isn't a quirk of the legal system designed to catch people out. It's simply a reflection of the fact that every country has its own laws governing what happens to assets on death. And those laws don't always recognise a will written in another country.
Here's what you need to understand, and what you should do about it.

Why Your UK Will Only Goes So Far

When you write a will with Octopus Legacy, that will is valid under the law of England and Wales. It covers the assets you hold in England and Wales, your property, your savings, your possessions here.
Other countries, however, apply their own rules. In most cases, a country's courts will apply the law of the place where the asset is physically located, a principle known in legal terms as lex situs (the law of the location). In plain terms: if you own a villa in Portugal, Portuguese law decides what happens to it when you die, regardless of what your English will says.

Some countries will recognise and apply the terms of your UK will. Others won't, or will only do so under certain conditions. Some require the will to be translated, notarised, or re-executed according to local formalities before it's treated as valid.
And even if your England & Wales will is technically recognised abroad, the terms might not be enforceable. For example, many countries in Europe and the Middle East have forced heirship rules, laws that require a fixed portion of your estate to pass to certain relatives, like your children, regardless of your wishes. A will written in England & Wales cannot override those rules.

A quick example

Mr and Mrs Smith own a holiday apartment in France. Their England & Wales will leaves everything to each other, and then to their adult children equally.

Under French forced heirship rules, their children have an automatic legal right to a minimum share of the French property, regardless of what the will says. Without a properly drafted French will that accounts for this, their estate could face a lengthy and expensive legal process, and their wishes might not be fully honoured.

Do You Need a Separate Will for Overseas Assets?

In many cases, yes. The most practical and reliable approach when you own assets in more than one country is to have two wills: one covering your assets in England and Wales, and a separate will in the country where your foreign assets are located.
This is not as complicated as it sounds, and it's far less complicated than leaving your family to sort it out after you're gone.

The key thing is that these wills need to work together, not against each other. This is where many people run into difficulty: a new will, in any jurisdiction, can automatically revoke a previous one. If your foreign will is drafted without the right wording, it could accidentally cancel your England & Wales will, and leave your family in a much worse position than if you'd done nothing.

The most important rule

If you already have a will in England and Wales and you are having a will written abroad, the foreign will must include a clear non-revocation clause, wording that confirms it is not intended to revoke any existing will in another jurisdiction.

Your UK will writer also needs to know that a foreign will exists, so they can draft your English will in a way that accounts for it.

What to Do: A Practical Checklist

Here is a straightforward process to follow if you own assets in more than one country.

Step 1: Tell your UK will writer about your foreign assets

When writing your will in England and Wales, whether for the first time or updating an existing one, tell your will writer about any property or assets you hold abroad.

This includes:

• Property (houses, apartments, land)
• Bank accounts or savings held in foreign banks
• Investments or shares in overseas companies
• Vehicles, boats, or valuable possessions kept abroad

Your will writer can then draft your UK will in a way that clearly limits its scope to your England and Wales assets, making it easier for a foreign will to sit alongside it without conflict.

Step 2: Instruct a local lawyer in the country where your assets are held

You should instruct a qualified lawyer in the relevant jurisdiction to draft a will that covers your assets there. This lawyer needs to know about your UK will so they can include the right non-revocation wording.

They will also advise you on:

• Local inheritance laws and any forced heirship rules
• Tax obligations that may arise on your death in that country
• Whether a double taxation treaty exists between the UK and that country (which can reduce or eliminate the risk of being taxed twice)
• How probate works locally, and how your executors can navigate the process

Step 3: Keep both wills up to date

Your circumstances will change, you might buy or sell property, move money, get married, or have children. Both wills need to reflect your current situation. Review them together, not in isolation.

Whenever you update one will, inform the lawyers handling both. Changes that seem minor in one jurisdiction can have significant implications in another.

Things to Watch Out For

There are a few particular issues worth being aware of when it comes to overseas property and estate planning.

Double taxation

If you are a UK resident, HMRC can tax your worldwide estate, including overseas assets. The country where the asset is located may also apply its own inheritance or estate tax. Double taxation treaties exist between the UK and some countries (including France, the Netherlands, and the United States) but not all. If no treaty applies, your estate could be taxed twice on the same asset. A specialist lawyer or tax adviser can help you plan around this.

Forced heirship laws

In much of continental Europe, the Middle East, and other parts of the world, the law gives certain relatives, typically children, and sometimes spouses, automatic rights to a share of your estate. You cannot simply disinherit them through your will. It is important to understand the rules of the country where your property is located, not just assume that English law principles apply.

Probate delays

If your executors have to apply for probate in multiple countries, the process can be slow and expensive. Having a properly drafted local will in each relevant jurisdiction significantly speeds things up, and reduces the legal costs your family will face.

A Note on Commonwealth Countries

If your overseas assets are in a Commonwealth country such as Australia, Canada, or New Zealand, there may be a faster route available. Some Commonwealth jurisdictions allow a UK grant of probate to be "resealed" in their courts, meaning your UK will is recognised without the need for a full local probate application. This is not available everywhere, and the rules vary, so local legal advice is still important. But it is worth asking about if you hold assets in these countries.

Summary: What You Should Do Next

If you own assets outside England and Wales, the most important thing you can do is take action now, not leave it to your family to untangle after you're gone.

1. Tell your UK will writer about all overseas assets when writing or updating your will.
2. Instruct a qualified local lawyer in each country where you hold assets to draft a separate will.
3. Make sure both wills refer to each other and neither accidentally revokes the other.
4. Keep both wills up to date whenever your circumstances change.
5. Take advice on international inheritance tax from a specialist adviser.

It might feel like extra work. But a few hours of careful planning now can save your family months of stress, legal expense, and uncertainty at an already difficult time.

Writing your will with Octopus Legacy

When you write your will with Octopus Legacy, your will covers your assets in England and Wales.

If you already have a will in another country, let us know, we can write your will in a way that doesn't accidentally revoke it.

If you are writing a will abroad, make sure the lawyer there knows about your Octopus Legacy will, so they can include the right wording to protect both.