Cross-border wills and probate: how English and Welsh law affects domestic and international clients

In today’s increasingly globalised society, it is not uncommon for individuals to hold assets or have family ties across multiple jurisdictions. Whether it is a British national with property in Spain, or an international client with bank accounts or investments in England and Wales, the question of which laws apply to a person’s estate is no longer straightforward.

For both domestic and international clients, understanding how English and Welsh succession law interacts with foreign legal systems is essential for effective estate planning and probate administration.

The key issue: which law governs the estate?

Under the law of England and Wales:

• The succession to moveable property (e.g. bank accounts, shares, personal belongings) is governed by the law of the deceased’s domicile at the date of death.
• The succession to immoveable property (e.g. land or buildings) is governed by the law of the country where the property is situated.

This contrasts with many civil law jurisdictions, where forced heirship rules apply and succession is often determined by habitual residence or nationality.

The EU Succession Regulation (Brussels IV) – which the UK has opted out of – allows individuals in participating EU countries to elect the law of their nationality to govern their worldwide estate. English law recognises this election when administering cross-border estates.

For UK-domiciled clients with foreign assets

If you are domiciled in England or Wales and own property abroad, you may be subject to the succession laws and formalities of those jurisdictions. This may include:

• Forced heirship provisions (e.g. children entitled to fixed shares of the estate)
• Local formalities for Will execution and probate
• Potential double taxation of the estate unless relief is available

To avoid conflict and delay, we often advise clients to:

• Consider preparing a separate foreign Will in compliance with local law
• Include an express choice of law in their English Will, particularly if assets are in an EU Succession Regulation country
• Seek advice on lifetime structuring, such as placing foreign assets in a trust or corporate wrapper where appropriate

For international clients with assets in England or Wales

If you are not domiciled in the UK but own assets located here, English succession law will govern those assets to the extent they are immoveable, or moveable but not covered by a valid foreign Will.

International clients should be aware that:

• An English Grant of Probate or Letters of Administration will likely be required
• Foreign Wills may be recognised, provided they are valid under the law of the place of execution (Wills Act 1963)
• There may be Inheritance Tax implications in the UK, even if you are not resident or domiciled here

Our team routinely assists with the resealing of foreign grants, obtaining UK probate for non-UK nationals, and advising on cross-border tax exposure.

The role of the EU Succession Regulation (Brussels IV)

Although the UK is not a party to Brussels IV, it continues to impact UK clients:

• If a UK national is habitually resident in a participating EU state, that state’s succession law may apply by default—including forced heirship.
• By making an express election in your Will, you can ensure that English law governs your entire estate, including assets located in EU countries that have adopted the Regulation.

Without this election, the default rules may apply, leading to unexpected outcomes or disputes.

Why specialist legal advice is essential

Cross-border estates raise complex legal, practical, and tax issues. Even where clients have a valid Will in place, it may not be sufficient to:

• Ensure a smooth administration of the estate
• Avoid conflicts of law or recognition issues
• Prevent double taxation or unanticipated liabilities
• Comply with the formalities and procedures of the relevant jurisdictions

At Furley Page, we work closely with clients, foreign lawyers, notaries, and tax advisers to ensure a coherent estate plan that protects your assets and your intentions.

How we can help

We regularly assist with:

• Drafting English Wills for clients with international assets
• Coordinating foreign Wills alongside English ones
• Advising on domicile, succession law, and inheritance tax
• Probate and administration of UK-based assets for foreign nationals
• Legalisation and apostille of foreign documents
• Applications for probate resealing and cross-border recognition of grants

Whether you are UK-based or overseas, we can provide clear, tailored advice to ensure your estate is structured efficiently and administered in accordance with your wishes.

For expert advice contact our Private Client team on 01227 763939 or get in touch here.

This article is for general information only and does not constitute legal or professional advice.