Guide

Do you need a separate will for property abroad?

If you own a home or land abroad, an English will may not be enough. Property overseas is usually governed by the law of the country where it sits, and that can change who inherits.

Last reviewed 2 November 2026. General information, not legal advice. All guides

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The problem

Many countries have rules that decide who inherits, and some, known as forced heirship, give children a fixed share whatever your will says. Even where your English will is recognised, the local process can be slow and expensive without the right paperwork.

EU countries

In many EU countries, a British national can choose English law to govern their estate, but the choice has to be stated in the will. Local formalities, registration and tax still apply, so the details depend on the country.

Do you need a local will?

Often it helps to have a separate will in the country where the property is, written by a local lawyer. The two wills then need to be coordinated so that the second does not accidentally cancel the first. Each will should say clearly which assets it covers.

Tax

UK Inheritance Tax can apply to worldwide assets of people who have lived in the UK long term, and the country where the property sits may charge its own tax. Relief for tax paid twice may be available, but the rules are complicated.

What we do

We write your English will for your UK assets, flag the overseas property and work alongside a local lawyer. We cannot advise on foreign law, so you will need a lawyer in the country concerned.

Quick answers

Common questions

Does my English will cover my property abroad?

It may be recognised, but local law often decides who inherits and the process can be slow. A local will or a clear choice of law in your will can make it simpler.

Will two wills cancel each other out?

They can if they are not drafted carefully. Each will should state which assets it covers and avoid cancelling the other.

Do I pay tax in two countries?

Possibly. Both the UK and the country where the property is may want tax, though there is often relief for tax paid twice. Take tax advice.

Keep reading

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