What type of will do you need if you’re a foreign national living in the UK?

If you’re a foreign national living in England and Wales, you should consider writing two wills: one that is valid in England and Wales and another that is valid in your home country. This is because the laws of inheritance vary from country to country, and you want to make sure that your wishes are carried out in accordance with the law.

Any assets that you own which are physically located in the UK, such as savings in a UK bank account, property, vehicles, furniture and household items, will be subject to the laws of intestacy if you do not have a UK will. In the England and Wales, the intestacy rules state that the estate will be inherited by the deceased's spouse or civil partner, children, parents, and siblings, in that order. If there are no surviving relatives, the estate will go to the Crown.

Writing a Will

Wills are generally very simple to write in the UK due to our common law system. This means that there are no strict rules about how a will must be written, as long as it is clear and unambiguous, and it is signed and witnessed correctly. The witnesses must be over the age of 18 and must not be beneficiaries or closely related to any beneficiaries of the will. They must also sign the will in your presence.

However, it’s important to write both your wills such that they do not revoke each other. Any wills written with a standard revocation clause is likely to revoke another will which is written in a different country.

Assuming that your affairs are relatively straightforward, you can use the Will Easy platform to write your UK will, which includes a full review by a qualified will writer who can make sure that your will includes the correct revocation clause. This can save hundreds of pounds in legal fees compared to using a solicitor.

Choosing Your Executor

For foreign nationals, we recommend thinking carefully about who you would like to execute your will in England and Wales. The executor will be responsible for carrying out the terms of the will, which can be a time-consuming and demanding task. They will also need to be somewhat familiar with the laws of England and Wales.

You may want to consider appointing an executor who is a UK resident. This can make it easier for the executor to carry out their duties and to deal with the legal requirements of administering the estate.

It’s also an option to appoint more than one executor. This is a good idea if you want to make sure that your wishes are carried out even if one of the executors is unable to do so.

Finally, you can also appoint a professional executor, such as a solicitor or a financial advisor. This can be a good option if you want to make sure that your estate is handled properly and/or don’t know anyone else in the UK who would be willing to do it.

It’s also worth noting that your nominated executors can choose to delegate part of their duties to a professional executor when the time comes, so it is not necessary to make any decisions or pay any upfront fees for these services when drafting your will.

Inheritance Tax (IHT) Spouse Allowance

Depending on the size of your estate, may be liable for inheritance tax (IHT). The IHT threshold in England and Wales is £325,000, which means you may be liable to pay IHT on the amount that exceeds this figure.

Your estate may be exempt from IHT if you qualify for the spouse allowance. The IHT spouse allowance is a tax relief that allows a person to pass on an unlimited amount of assets to their spouse or civil partner without paying inheritance tax (IHT). This is the case regardless of whether the spouse or civil partner is a UK citizen or not.

However, the spouse or civil partner must be domiciled in the UK at the time of the death of the first spouse or civil partner. If your partner is not ordinarily resident in the UK, they are unlikely to be eligible for the spouse allowance.