You can write a Will under English and Welsh law with a UK solicitor that covers your property both in the UK and abroad if the UK is your main country of residence, even if you are not a citizen. Though it is possible, there is nothing preventing you from having a UK Will that just covers your UK assets and a different Will for each nation in which you have assets. Separate Wills may be advantageous depending on the assets you own and the countries in which they are held.
The advantages of having a foreign will
Having a foreign Will has one major advantage. Because a Will produced in another nation is prepared by legal specialists who are familiar with that country’s local laws, there are annoyances that they are aware of that a UK solicitor would not. Each country’s inheritance laws govern valid Wills, inheritance tax, inheritance regulations, and the disposition of the deceased’s wealth. Some of these regulations may conflict with, or even overrule, the wishes you express in your UK Will.
For those who own assets in countries with these inheritance arrangements, issues like forced heirship are the most concerning. You can leave your possessions to anybody you want under English and Welsh law. Close relatives can file a claim against your estate if they believe your Will is unfair or if they are left out. However, your estate is normally dispersed according to your desires as stated in your Will. Forced heirship, on the other hand, is illegal in France, Italy, Spain, and a few South American and Middle Eastern countries.
Delays
Delays are common when administering a large foreign estate. This is due to the probate process. Not only must probate be granted in the United Kingdom before the estate can be administered, but the Grant of Probate that gives the administrator or Executor the power to deal with all of the deceased assets must also be presented in each country where the assets are held and then notarized or legalised to be accepted by the foreign courts.
The regulations of inheritance in each nation, the loss of any documentation, the sort of assets owned, and what is done with each asset can all cause further delays. Separate Wills in Different Countries Reduces Delays There is no waiting for the Grant of Probate because each legal expert will deal with the Will in their own country and can coordinate with those in other countries to guarantee that the Wills are all executed properly and swiftly.
If you want to look into different Wills, you should obtain legal guidance in each nation where you have assets to guarantee that you get the best advice on how to design your Will so that your desires are not just expressed but also carried out.
Do you require assistance in drafting your will? Get in contact with one of our professionals today to learn more about how we can assist you in getting your affairs in order.
If you need more assistance with this process, simply pick up the phone and dial 0203 985 9554.
