Expat Finance 101: 10 Reasons You Should Have a Will
TL;DR
Having a valid Will is particularly important for British expats because your family, property and other assets may be spread across more than one country. A UK Will may remain relevant after you move abroad, but different countries can have their own succession and inheritance rules, so you should not assume that one Will automatically deals effectively with every asset you own. A properly coordinated estate plan can help ensure your wishes are clear, protect your intended beneficiaries and reduce the risk of disputes. Your Will and your UK Inheritance Tax position are separate considerations, and British expats with cross-border estates should obtain appropriate specialist legal advice when preparing or reviewing their Wills.
Does Your Will Still Work Now That You Live Abroad?
Moving overseas can make estate planning considerably more complicated. You may have a UK Will, property in another country, UK pensions and investments, or beneficiaries living in several different jurisdictions.
A Will that was appropriate when you lived in the UK may therefore need to be reviewed as your circumstances change.
I can help you consider how your UK pensions, investments, life insurance, Inheritance Tax position and wider estate-planning objectives fit together as part of your overall financial plan.
Where specialist Will drafting or legal advice is required, this should be provided by an appropriately qualified legal professional with experience of the jurisdictions involved.
You have probably been told on numerous occasions that you should have a Will.
Indeed, doing so may have been on your mental to-do list for months or years.
However, you haven’t yet gotten around to it. This may simply be due to the hustle and bustle of day-to-day expat life. Or perhaps you are not really sure how to get started, particularly when your family, property and other assets may be spread across more than one country.
What Is a Will?
A Will is a legally binding document that sets out your wishes for what should happen to your estate after your death.
Among other things, a Will can specify who should inherit your assets, who should administer your estate and, where relevant, who you would like to act as guardian for your children.
For a Will to achieve what you intend, it needs to be prepared and executed correctly. This becomes particularly important for British expats, whose estate may include assets, property or beneficiaries in more than one country.
While it is possible to prepare your own Will, cross-border estates can involve additional legal and succession issues. If you live abroad, own assets in different jurisdictions or have a more complex family situation, it is sensible to obtain advice from an appropriately qualified legal professional with experience of the countries involved.
If you die without a valid Will, the applicable rules of intestacy and, potentially, succession laws in other countries can determine how some or all of your estate is distributed. The result may be very different from what you intended.
Making a Will is therefore one of the most important steps you can take to ensure that your wishes are clearly documented and that your family and estate are dealt with as you intend.
10 Reasons British Expats Should Have a Will
1. To Make Sure Your Loved Ones Are Looked After
A properly drafted Will allows you to specify who you want to benefit from your estate rather than relying on the applicable intestacy rules to determine who inherits.
For British expats, this can be particularly important where family members or beneficiaries live in different countries.
2. To Ensure Your Money Goes Where You Want It to Go
A Will gives you greater control over who should inherit your assets and in what proportions.
This can become more complicated if you have property, savings, investments or other assets in more than one country, because different succession laws may need to be considered.
3. To Record Your Wishes for Guardianship of Your Children
If you have children, your Will can record your wishes about who should care for them if both parents die while the children are still minors.
For internationally mobile families, guardianship planning can require additional thought if the proposed guardians, children or other family members live in different countries.
4. To Consider Inheritance Tax as Part of Your Estate Planning
A Will can form an important part of wider Inheritance Tax and estate planning, although making a Will does not by itself determine how much Inheritance Tax your estate may ultimately pay.
This distinction is particularly important for British expats. Since 6 April 2025, the extent to which overseas assets fall within the scope of UK Inheritance Tax is principally determined by the UK’s long-term residence rules, rather than the previous domicile-based system.
Your Will, tax position and wider financial plan should therefore be considered together, with appropriate specialist legal and tax advice where required.
5. To Reduce the Risk of Disputes
A clear and properly drafted Will can reduce uncertainty about your wishes and may help lower the risk of disagreements between family members and other potential beneficiaries.
This can be particularly valuable where there are children from previous relationships, second marriages, unmarried partners or family members living in different countries.
6. To Protect an Unmarried Partner
If you are not married or in a civil partnership, you should not assume that your partner will automatically inherit your estate.
Under the intestacy rules in England and Wales, an unmarried partner does not automatically inherit simply because you have lived together for a long time. If you want your partner to inherit, having an appropriately drafted Will can therefore be particularly important.
7. To Set Out What Should Happen to Your Home
Your home may be one of the most valuable assets in your estate. A Will can help set out your wishes regarding who should ultimately inherit your interest in the property.
For expats who own property in the UK and overseas, additional considerations can arise because the succession rules applying to property may differ between jurisdictions. Specialist cross-border legal advice can therefore be important.
8. If You Want Your Spouse or Civil Partner to Inherit
If you have children and die without a valid Will, you should not assume that your spouse or civil partner will automatically inherit your entire estate.
Under the current intestacy rules in England and Wales, where someone dies leaving a spouse or civil partner and children, the surviving spouse or civil partner generally receives the personal chattels, the first £322,000 of the estate and half of the remaining estate. The other half of the remaining estate passes to the children or, in certain circumstances, their descendants.
For British expats, the position can be more complicated because succession rules may also be affected by where you live, where your assets are located and the laws of the countries involved.
9. To Leave Money to Charity
Once you have considered the needs of your family and other beneficiaries, you may want to leave money or other assets to a charity or cause that is important to you.
A properly drafted Will allows you to record these wishes clearly. Where your estate or chosen charity has an international element, appropriate legal and tax advice may also be required.
10. For Peace of Mind
Perhaps the most important reason for making a Will is simply knowing that you have clearly documented what you want to happen after your death.
For British expats, that means considering not only who should inherit, but also where your assets are located, which countries’ succession rules may be relevant and whether your existing Will still reflects your current family and financial circumstances.
The examples above relating to intestacy are based on the law of England and Wales. Scotland, Northern Ireland and other countries have different succession rules. British expats should obtain appropriate legal advice about the rules applying in their country of residence and any other country in which they hold significant assets.
Common Will Mistakes British Expats Make
Having a Will is important, but simply having one does not necessarily mean that your estate planning is suitable for life abroad. Moving country, acquiring overseas assets or experiencing changes in your family circumstances can all affect whether your existing arrangements still reflect what you want to happen.
Here are some of the most common mistakes British expats should consider.
1. Assuming a UK Will Automatically Covers Everything You Own Overseas
A UK Will may be capable of dealing with certain overseas assets, but you should not assume that it will automatically work as intended in every country.
Local succession rules, property laws and probate procedures can all be relevant. If you own significant assets abroad, particularly overseas property, your Will should be reviewed by an appropriately qualified legal professional familiar with the jurisdictions involved.
2. Assuming Moving Abroad Makes Your UK Will Invalid
Moving overseas does not necessarily invalidate an existing UK Will.
However, that does not mean the Will should simply be left untouched. An international move is an important reason to review your Will because your residence, assets, family circumstances and the succession laws relevant to your estate may have changed.
3. Having Separate Wills That Have Not Been Properly Coordinated
Some British expats may be advised to have separate Wills covering assets in different countries. The potential problem arises when those documents are prepared independently without considering each other.
A later Will could potentially revoke or conflict with an earlier Will if the documents are not drafted correctly. If you have more than one Will, they should therefore be carefully coordinated by appropriate legal professionals.
4. Forgetting to Review Your Will After Marriage, Divorce or Remarriage
Major changes in your family circumstances can have significant consequences for your estate planning.
Marriage, divorce, remarriage, entering or ending a civil partnership, the birth of children and the creation of a blended family are all sensible triggers for reviewing your Will.
Do not assume that an old Will still produces the outcome you want after your circumstances have changed.
5. Ignoring Local Succession and Forced-Heirship Rules
Not every country gives individuals the same freedom to decide who inherits their estate.
Some jurisdictions have forced-heirship rules that can reserve a proportion of an estate for particular family members. International succession rules can also affect which country’s law applies to an estate.
British expats should therefore avoid assuming that the succession rules they were familiar with in the UK will automatically apply after moving abroad.
6. Confusing Having a Will With Inheritance Tax Planning
Your Will and your Inheritance Tax position are related aspects of estate planning, but they are not the same thing.
A Will records how you want your estate to be dealt with. Your potential UK Inheritance Tax liability is determined separately under the relevant tax rules and your individual circumstances.
Since 6 April 2025, the extent to which overseas assets can fall within the scope of UK Inheritance Tax is principally determined by the UK’s long-term residence rules rather than the previous domicile-based system.
Moving abroad or making a Will does not, by itself, remove a potential UK Inheritance Tax liability.
7. Assuming Your Will Controls Your Pension Death Benefits
UK pension death benefits do not necessarily pass according to the instructions in your Will.
Depending on the type of pension and its rules, trustees or pension providers may have discretion over who receives death benefits and may take account of your beneficiary or expression-of-wish nomination.
Your pension nominations should therefore be reviewed alongside your Will and wider estate plan, particularly after significant changes in your family circumstances.
8. Forgetting About Assets and Beneficiaries in Different Countries
Cross-border estate planning is not only about overseas property.
You may have UK pensions, investments, bank accounts, life insurance, overseas property and beneficiaries living in different countries. These different elements need to be considered together rather than treating your Will as an isolated document.
9. Assuming Joint Ownership Makes a Will Unnecessary
Owning property or other assets jointly does not automatically mean that you no longer need a Will.
The way a jointly owned asset passes on death can depend on the form of ownership and the applicable law. Other assets may also remain within your individual estate.
A Will therefore remains an important part of estate planning even where some of your property or accounts are jointly owned.
10. Making a Will and Never Reviewing It Again
A Will prepared many years ago may no longer reflect your family, finances or international circumstances.
You may have moved country, bought or sold property, accumulated new investments, changed your retirement plans or experienced births, deaths, marriage or divorce within your family.
Your Will should be reviewed following significant changes in your life and periodically as part of your wider estate planning. For British expats, moving to another country should always be treated as a reason to check whether existing arrangements remain appropriate.
Do You Have Assets or Beneficiaries in More Than One Country?
Cross-border estate planning involves much more than simply having a Will. Your property, pensions, investments, life insurance, tax position and intended beneficiaries may all need to be considered together.
This can be particularly important if you own property in the UK and overseas, have UK pensions while living abroad, expect to move country again or have family members and beneficiaries living in different jurisdictions.
Your Will determines how you want your estate to be dealt with, while issues such as Inheritance Tax, pension benefits, investment planning and life insurance can form part of the wider financial picture.
I can help you review these different elements as part of a coordinated financial plan, working alongside appropriate legal and tax professionals where specialist advice is required.
Real People, Real Results
“I have consistently gone back to Ross to seek advice as my situation has changed and I have also talked about and recommended Ross to several expat colleagues.
Ross is a great sounding board and very comfortable providing advice to those already with some knowledge of investing and those who are just starting out.”
— David Harrington
More TestimonialsFrequently Asked Questions About Wills for British Expats
Do British expats need a Will?
Having a valid Will is particularly important for British expats because your family, property, pensions, investments and other assets may be connected to more than one country.
A Will can help ensure that your wishes are clearly recorded and that your intended beneficiaries are identified. However, international estates can involve different succession laws, so appropriate legal advice should be obtained where more than one jurisdiction is involved.
Is my UK Will still valid if I live abroad?
Moving abroad does not necessarily mean that an existing UK Will automatically becomes invalid. However, you should not assume that a Will prepared while you lived in the UK will deal effectively with every aspect of your estate after you move overseas.
Your country of residence, the location and type of your assets, your family circumstances and the succession laws of the countries involved can all be relevant. An existing Will should therefore be reviewed after an international move.
Does a UK Will cover property abroad?
A UK Will may be capable of dealing with certain overseas assets, but whether it does so effectively depends on the Will itself and the law applying to the assets and succession in the countries concerned.
Property can be particularly important because local succession, registration and probate requirements may apply. British expats who own property overseas should obtain specialist legal advice rather than assuming that their UK Will is sufficient.
Do British expats need separate Wills for different countries?
Not necessarily. Some expats may have one Will dealing with their estate, while others may be advised to have separate Wills covering assets in different jurisdictions.
The appropriate approach depends on your circumstances and the laws of the countries involved. Where multiple Wills are used, they need to be carefully coordinated so that one Will does not unintentionally revoke or conflict with another.
Can I have a UK Will and a Will in another country?
Yes, it is possible to have Wills covering assets in different countries, and this may be appropriate for some international estates.
However, multiple Wills should be prepared and reviewed together by appropriately qualified legal professionals. Poorly coordinated documents can create uncertainty or unintended conflicts between the different Wills.
What happens if a British expat dies without a Will?
If you die without a valid Will, some or all of your estate may be distributed according to the applicable intestacy and succession laws rather than according to your personal wishes.
For example, under the intestacy rules in England and Wales, where someone dies leaving a spouse or civil partner and children, the surviving spouse or civil partner generally receives the personal chattels, the first £322,000 of the estate and half of the remaining estate. The other half of the remaining estate passes to the children or, in certain circumstances, their descendants.
For an expat estate, the position may be more complicated because assets or family members can be connected to other jurisdictions with different succession rules.
What is Brussels IV and why can it matter to British expats?
Brussels IV is the commonly used name for the EU Succession Regulation. It provides a framework for determining which country’s law applies to succession in participating EU countries.
Among other things, the Regulation can allow a person to choose the law of their nationality to govern their succession. This can be particularly relevant to a British citizen living in a participating EU country.
However, the Regulation is complex, does not apply uniformly in every European country and does not remove the need to consider local legal, property and tax rules. Specialist cross-border legal advice should therefore be obtained.
Can a British citizen living in the EU choose English law in their Will?
In certain circumstances, the EU Succession Regulation allows a person to choose the law of the country whose nationality they possess to govern their succession.
For a British citizen, precisely which UK law may be relevant can depend on their connection to the UK’s different legal jurisdictions and their individual circumstances. This is a legal issue that should be addressed when the Will is professionally drafted or reviewed.
Can forced-heirship rules affect a British expat’s Will?
Potentially. Some countries have forced-heirship rules that reserve part of an estate for particular family members, rather than allowing complete freedom over who inherits.
Whether these rules affect a British expat will depend on the countries involved, the applicable succession law and the nature and location of the assets. This is another reason why an internationally mobile person should not assume that a UK Will automatically produces the intended result everywhere.
Does living abroad mean my estate is no longer subject to UK Inheritance Tax?
No. Moving abroad does not automatically remove an estate from UK Inheritance Tax.
From 6 April 2025, the UK changed the rules governing when overseas assets can fall within the scope of UK Inheritance Tax, introducing a system based principally on long-term UK residence rather than the previous domicile-based approach.
Your Will and your Inheritance Tax position are also separate issues. A Will determines how you want your estate dealt with, while your potential tax liability depends on the relevant tax rules and your circumstances.
Should I update my Will when I move abroad?
An international move is a sensible trigger for reviewing your Will and wider estate plan.
You may have acquired property overseas, changed your tax residence, opened new investments or bank accounts, or become subject to different succession rules. Your family circumstances and intended retirement country may also have changed.
A Will should not simply be prepared once and forgotten. It should be reviewed following significant changes in your family, financial circumstances or country of residence.
What happens to my Will if I marry or divorce?
Marriage and divorce can have important consequences for an existing Will, but the precise effect depends on the applicable law and circumstances.
If you marry, divorce, remarry or enter or end a civil partnership, you should have your Will reviewed rather than assuming that your existing arrangements will continue to produce the result you intended.
Are my UK pensions covered by my Will?
UK pension death benefits do not necessarily pass according to the instructions in your Will. Depending on the type of pension and its rules, pension trustees or providers may have discretion over the payment of death benefits and will often take account of your beneficiary or expression-of-wish nominations.
This means your pension nominations should be reviewed alongside your Will and wider estate plan, particularly after marriage, divorce, the birth of children or other significant changes in your circumstances.
Who should prepare a Will for a British expat?
Where your estate involves more than one country, consider using an appropriately qualified legal professional with experience of cross-border succession and the jurisdictions relevant to you.
Your solicitor or other appropriate legal specialist can deal with the drafting and legal validity of the Will, while your financial adviser can help ensure that your pensions, investments, life insurance, Inheritance Tax considerations and wider financial plan are considered alongside your estate-planning objectives.
The Bottom Line
For British expats, making a Will is not simply about deciding who inherits your estate. It is about making sure your wishes still work when your family, property, pensions, investments and other assets may be connected to more than one country.
A UK Will may remain an important part of your estate planning after you move abroad, but it should not be assumed to deal automatically with every overseas asset or every country’s succession rules.
Review your Will whenever you move country or experience a significant change in your family or financial circumstances. Where more than one jurisdiction is involved, appropriate cross-border legal advice should be obtained and coordinated with your wider financial and estate planning.
Further Reading
Global Assets, Local Laws: Navigating Wills Across Borders
How Can Marriage or Divorce Affect Your Will?
Why Leaving Without a Will Is Like Playing Russian Roulette With Your Legacy
Talk to an Expert
If you are a British expat with assets, pensions or family connections in more than one country, your Will should be considered as part of your wider financial and estate planning rather than in isolation.
I’m Ross Naylor, a UK-qualified Chartered Financial Planner and Pension Transfer Specialist with nearly 30 years’ experience providing holistic financial planning to British expats and internationally mobile families.
I firmly believe your location in the world should never be a barrier to expert, impartial and transparent financial advice you can trust.
I can help you bring together the financial elements that sit alongside your Will, including your UK pensions, investments, life insurance, retirement planning and potential UK Inheritance Tax considerations. This is particularly important when your assets or intended beneficiaries are spread across different countries.
I do not draft Wills or provide legal advice. Where your circumstances involve cross-border succession, overseas property, forced-heirship rules, guardianship, multiple Wills or questions about the legal validity of a Will, you should obtain advice from an appropriately qualified legal professional. I can help ensure that your wider financial planning is considered alongside that specialist legal advice.
Book a Discovery Call