What type of will do you need if you’re a British expat?
If you are a British expat, you likely need two wills: one valid in both England and Wales and the other valid in the country where you are living. This is because the laws of inheritance vary from country to country, and you will need to make sure that your wishes are carried out in accordance with the law in the jurisdiction where your assets are located.
It is important to have your second will drafted by a lawyer or solicitor who is familiar with the laws of country where you are living. This will help to ensure that your will is valid and that your wishes are carried out in accordance with the law.
Each country has its own legal system, which is based on different principles and traditions. For example, the legal systems of common law countries, such as England and Wales, are based on precedent, while the legal systems of civil law countries, such as France and Germany, are based on codified law.
Cultural norms can also influence the laws of inheritance. For example, in some countries, it is customary for the eldest son to inherit the estate of his parents, while in other countries, the assets are divided equally among all children.
The tax laws of each country can also impact inheritance. For example, some countries have significant inheritance taxes, which are levied on the assets that are passed down to heirs. However, there may be ways to reduce this liability, depending on the laws of the country where you are living.
It is important to be aware of the differences in wills and inheritance laws between countries, especially if you are a British expat or if you have assets in multiple countries.
We recommend finding a local lawyer or solicitor, specialised in wills and probate to advise you:
Ask your friends, family, or colleagues for recommendations: This is a good way to get personal recommendations from people you trust, who may have required similar services in the past.
Search online for the law society in the country where you live: They usually have an online directory of qualified lawyers and solicitors, similar to the Law Society of England and Wales and the Law Society of Scotland.
Once you have a shortlist of suitable options, we recommend that you:
Get quotes from multiple lawyers or solicitors: This will help to compare prices and find the best value services.
Check that they have the right expertise in estate planning: Ask about their education and training, and how many wills they have written for different clients.
Get everything in writing: This includes the will itself, as well as the fee structure and any other terms of the agreement
As an expat, your affairs will typically be a little more complicated than someone ordinarily resident in England and Wales. While you may be able to use a platform such as Will Easy for your will in England and Wales, it’s important that you seek legal advice when drafting the will for the country where you currently reside. This is especially important if you are not fluent in the local language.
It’s also important to make sure that both wills include the correct revocation clause. Wills written in England and Wales typically include a clause that revokes a will written in a different country. If you use Will Easy, we can make sure that your Will includes the correct clause to avoid this issue.
Many multinational companies provide support for their employees to cover legal fees associated with wills and estate planning. If you work for a large company, we recommend to consult your HR department to check what may be available.
