Overseas Property in Your Will: UK Residents Guide

James and Claire thought owning a €350,000 villa in Spain would be their retirement dream. When James died suddenly at 58, Claire discovered their UK will—carefully drafted to leave everything to her—was meaningless under Spanish law.

Spain's forced heirship rules meant two-thirds of the villa automatically passed to their adult children. Claire couldn't sell the property to fund care costs without her children's permission. The probate process took 18 months across two countries and cost £14,000 in legal fees.

James and Claire aren't unusual. Half a million UK citizens own property in the EU, with Spain alone attracting over 800,000 British residents. But according to the Law Society, fewer than 30% have properly addressed these international assets in their estate planning.

The result: families facing double probate processes, unexpected inheritance tax bills from two countries, and properties passing to unintended beneficiaries under foreign forced heirship laws.

If you own property abroad, your UK will alone may not protect your family. Here's everything you need to know.

Important: This article provides general information about overseas property and UK wills. It does not constitute legal advice for your specific situation. Laws governing international property, forced heirship, inheritance tax, and probate vary significantly by country and change frequently. For advice specific to your individual circumstances and the country where your property is located, you must consult qualified solicitors in both the UK and the foreign jurisdiction.

Do You Need a Separate Will for Overseas Property?

The answer depends on where your property is located and which legal system governs it.

You face a fundamental choice: create one worldwide will that attempts to cover all your assets, or create separate wills for different jurisdictions. Neither approach is automatically right—the best solution depends on your specific circumstances.

When a single UK will might work:

A UK will can cover overseas property in common law countries that recognize foreign wills. If you own property in Australia, Canada, New Zealand, or similar jurisdictions, your UK will may be accepted. The property will still go through local probate, but you won't necessarily need a separate will.

Small overseas assets in any country—worth under £50,000—may not justify the cost of separate wills. You accept the complexity in exchange for simplicity and lower upfront legal costs.

When separate wills are essential:

Properties in forced heirship countries (Spain, France, Italy, Portugal) typically require local wills. These countries have succession laws that conflict with UK testamentary freedom, making coordination between wills critical.

Complex property structures—joint ownership with non-family members, properties held through companies, agricultural land with special protections—almost always need jurisdiction-specific wills.

Some countries require wills in their national language, drafted under local law, and witnessed according to local formalities. A UK will simply won't work.

The critical revocation clause issue:

Standard UK wills begin with "I revoke all previous wills." If you create a Spanish will after your UK will, this blanket revocation clause could invalidate your UK will. Suddenly both wills are worthless.

Separate wills must specifically state they do NOT revoke wills in other jurisdictions. Each will should address only assets in its specific country. This requires precise legal drafting—getting it wrong means intestacy.

Emma created a UK will leaving everything to her daughter, then created a French will for her holiday home. The French will's revocation clause cancelled her UK will without her realizing. When Emma died, her £450,000 UK estate passed under intestacy rules to relatives she'd specifically excluded.

Approach	Best For	Key Advantages	Major Risks
Single worldwide will	Property in common law countries; simple estates; small foreign assets	Lower upfront costs; simpler administration; one document to update	May not be recognized abroad; doesn't address forced heirship; harder to modify one jurisdiction without affecting others
Separate jurisdiction-specific wills	Forced heirship countries; high-value properties; complex structures	Complies with local law; can use Brussels IV elections; streamlines local probate	Higher upfront costs; risk of inadvertent revocation; requires coordination between solicitors; multiple documents to maintain

If you're unsure which approach suits your situation, that uncertainty itself suggests you need specialist legal advice. The cost of getting this wrong—families losing hundreds of thousands of pounds—vastly exceeds the cost of proper planning.

How UK Inheritance Tax Applies to Your Worldwide Estate

As a UK resident, you pay inheritance tax on your worldwide assets—regardless of where those assets are located.

The UK's inheritance tax system doesn't care whether your property is in Manchester or Marbella. If you're UK resident when you die, your global estate is assessed for UK IHT.

Current UK IHT thresholds (frozen until April 2030):

You have a nil-rate band of £325,000. Everything above this is taxed at 40%.

If you leave your main UK residence to direct descendants, you get an additional residence nil-rate band of £175,000. This gives a total tax-free allowance of £500,000 (or £1 million for married couples who both use their allowances).

Your Spanish villa doesn't qualify for the residence nil-rate band—only your main UK home counts.

The double taxation trap:

Here's where overseas property gets expensive. Many countries charge their own succession or inheritance tax on property located within their borders.

You can end up paying tax twice on the same asset—once to HMRC, once to the foreign tax authority.

David owned a £400,000 home in the UK and a €300,000 (£255,000) apartment in France. His total estate was £655,000. After his £325,000 nil-rate band (he had no children, so no residence nil-rate band), £330,000 was subject to UK IHT at 40%: £132,000.

France also charged succession tax on the French property. As a non-resident, David's niece (his beneficiary) paid approximately €45,000 (£38,000) in French succession taxes.

Without double taxation relief, that's £170,000 in total tax on a £655,000 estate—26% effective tax rate instead of the 20% David expected.

Relief mechanisms:

The UK has double taxation treaties with many countries, including France, Spain, Italy, Netherlands, Switzerland, and the USA. These treaties provide relief so you don't pay full tax in both countries.

Relief usually works by allowing you to offset foreign tax paid against your UK IHT bill. In David's case, the £38,000 paid to France would reduce his UK IHT from £132,000 to £94,000. Total tax: £132,000 instead of £170,000.

But relief isn't automatic—executors must claim it, which adds complexity to probate.

Countries without double taxation treaties with the UK offer no relief. You genuinely pay twice. This affects properties in many popular locations outside Western Europe.

Calculate your potential exposure before you buy overseas property. A €200,000 villa might sound affordable until you realize it could cost your estate £80,000 in UK IHT plus another €30,000 in local succession tax.

Understanding Forced Heirship Rules in Popular Countries

Forced heirship is the biggest shock for UK property owners abroad.

In the UK, you have complete testamentary freedom. You can leave your estate to anyone you choose—your spouse, your children, your neighbour, or a cat sanctuary.

Many European countries don't allow this freedom. They require you to leave specified portions of your estate to particular relatives, usually your children. Your will cannot override these requirements.

How forced heirship works:

Laws reserve a percentage of your estate for "protected heirs"—typically children, sometimes spouses. This reserved portion passes to them by operation of law, regardless of what your will says.

You can only dispose freely of the remaining "disposable portion."

Country-by-country breakdown:

Spain: Under national Spanish civil law, two-thirds of your estate is subject to forced heirship. One-third must be divided equally among children. Another third can go to one or more children of your choice. Only the final third is freely disposable.

Different rules apply in Spanish autonomous regions like Catalonia and Navarra, which have more flexibility. But most British-owned property falls under national civil law.

France: Children are entitled to 50-75% of the estate depending on how many children there are. One child receives 50%, two children receive 67%, three or more children receive 75%.

A 2021 amendment created a "right of compensation" allowing disinherited heirs to claim financial compensation if denied their reserved portion.

Portugal: Following 2023 reforms, forced heirship protections have been reduced to 25% of the estate, down from 50%. This gives Portuguese property owners significantly more testamentary freedom than previously.

Italy: Children are entitled to half of the estate if there's a surviving spouse, or two-thirds if no spouse survives. Italian succession law is complex and varies by family structure.

Country	Reserved Portion	Who Receives	Freely Disposable
Spain	66% (two-thirds)	Children (1/3 equally divided; 1/3 flexible distribution)	33% (one-third)
France	50-75%	Children (percentage depends on number)	25-50%
Portugal	25%	Close family	75%
Italy	50-67%	Children and spouse (varies by family structure)	33-50%

Real-world impact:

Sarah, a UK widow, owned a €400,000 villa in Spain. She wanted to leave it to her partner, with whom she'd lived for 15 years. Her two adult children were financially comfortable and supported her decision.

Under Spanish forced heirship, two-thirds of the villa (€266,000) automatically passed to her children. Her partner inherited only €134,000 worth of the property—one-third.

To continue living there, Sarah's partner needed her children's permission. When he wanted to sell years later to fund care costs, he required both children to agree and sign documents. One child lived in Australia, delaying the sale by eight months.

This wasn't malicious—it's simply how forced heirship works. Your wishes become secondary to statutory inheritance rights.

For unmarried couples, second marriages, or anyone wanting to leave property to someone other than children, forced heirship creates significant problems.

Brussels IV Regulation—Your Legal Escape Hatch

The Brussels IV regulation offers a potential solution to forced heirship—but it's technically complex.

Brussels IV (formally EU Succession Regulation 650/2012) came into force in August 2015. It harmonizes succession law across most EU member states.

The UK opted out. Ireland and Denmark also opted out. But UK nationals can still use Brussels IV for property in participating EU member states.

How it works:

By default, the law of the country where you habitually resided when you died governs your entire succession. If you lived in the UK but owned property in Spain, Spanish law would normally apply to the Spanish property.

Brussels IV allows you to elect that the law of your nationality applies instead. A UK national can choose English law to govern their succession, even for property located in Spain.

English law has no forced heirship. If English law governs your Spanish property, you can leave it to anyone you choose.

The requirements:

Your election must be explicit and clear in your will. You can't just assume English law applies—you must specifically state your choice.

Ideally, the election should be drafted by a solicitor familiar with both UK succession law and Brussels IV requirements. Get the wording wrong and the election fails.

What Brussels IV cannot do:

It doesn't override all local rules. Property registration requirements, local taxes, and probate procedures still apply under local law.

It doesn't apply to countries outside the EU or to Ireland and Denmark (which opted out).

It doesn't guarantee simplicity. Foreign probate courts must recognize and apply your election, which can create disputes if local judges are unfamiliar with Brussels IV.

Post-Brexit position:

The UK left the EU in 2020. But Brussels IV is "universal"—it applies based on nationality, not EU membership. UK nationals can still make valid Brussels IV elections for property in participating member states.

Important disclaimer about Brussels IV:

The Brussels IV regulation is complex European legislation with specific requirements for valid elections and numerous exceptions. This explanation is simplified for general understanding only. Making a valid Brussels IV election in your will requires specialist legal drafting—errors can invalidate the election. Always consult a solicitor experienced in cross-border estate planning before relying on Brussels IV provisions.

Michael's UK solicitor added a clause to his will: "I elect that English law shall govern my succession." When Michael died, his Portuguese lawyer argued the election was too vague, didn't reference Brussels IV explicitly, and didn't clearly specify which assets it covered.

After 14 months of legal arguments and €12,000 in additional legal fees, the Portuguese court accepted the election. But it was a costly battle that proper drafting would have prevented.

Brussels IV is powerful—but only when used correctly. This isn't DIY territory.

The Double Probate Problem (And What It Costs)

Owning property in multiple countries means probate in multiple countries.

UK grants of probate aren't automatically recognized in foreign jurisdictions. Each country requires its own legal authority before executors can access, manage, or distribute assets.

Time implications:

UK probate for straightforward estates takes 12-23 weeks. Complex estates can take 12+ months.

Foreign probate runs alongside UK probate—or often afterwards, since you need UK probate documents to prove death and executorship before starting foreign applications.

Add 6-18 months for overseas probate, depending on the country and complexity. Spain and Italy are notoriously slow. France can be faster but still adds significant time.

Robert died in March. His UK probate completed in October—seven months. His executors then applied for Spanish probate for his Málaga apartment. The Spanish process took another 14 months, finally completing two years and three months after Robert's death.

For two years, Robert's apartment sat empty. The executors couldn't sell it, couldn't rent it, couldn't access it. Property maintenance costs continued. Local taxes accrued. The property market changed. By the time they could sell, they'd lost the buyer who'd made an offer early on.

Cost implications:

UK probate costs average £300 for the court fee plus solicitor fees if you use professional help (typically £2,000-£4,000 for straightforward estates).

Foreign probate adds significantly more. You need local lawyers who understand local succession law. Costs vary dramatically by country:

Spain: Probate costs typically range from €5,000-€12,000 depending on property value and complexity. Spanish notaries, lawyers, and official translations add up quickly.

France: Costs of €4,000-€10,000 are common. French succession procedures require notaries who charge on a sliding scale based on estate value.

Portugal: Expect €3,000-€8,000 for legal representation and administrative fees.

Italy: Italian probate is expensive and slow—budget €6,000-€15,000+ and prepare for delays.

None of these figures include travel costs for executors, translation fees for documents, or the opportunity cost of properties sitting empty for months or years.

Example calculation:

Estate with UK property (£400,000) and Spanish apartment (€200,000 / £170,000):

UK probate: 16 weeks, £300 court fee + £3,200 solicitor = £3,500 total
Spanish probate: 12 months, €8,500 (£7,200) in fees
Total: 16+ months, £10,700+ in costs

Compare this to a UK-only estate worth £570,000: 12-16 weeks, £3,500 total.

The overseas property added 12+ months and £7,200 in costs—equivalent to 4% of the Spanish property's value just in probate fees.

What streamlines double probate:

Separate jurisdiction-specific wills can help by ensuring each country's probate court has clear authority over local assets. But they don't eliminate foreign probate—just make it somewhat smoother.

Joint ownership with right of survivorship may bypass some probate requirements in some countries. Check local law carefully—this doesn't work everywhere.

Some corporate structures can hold foreign property in ways that avoid individual probate, though these add their own complexity and costs.

There's no magic solution that eliminates double probate for individually-owned overseas property. The best you can do is minimize delay and expense through proper planning.

Common Mistakes That Cost Families Thousands

Seven mistakes account for most of the expensive disasters involving overseas property and wills.

Mistake 1: Assuming your UK will automatically covers foreign property

Many people believe a clause like "I leave all my property to my spouse" includes overseas property. Often it does—but "covering" it in your will doesn't mean the foreign country will recognize or apply your wishes.

Outcome: Property passes under foreign intestacy rules, which may bear no relationship to what you intended. In France, intestacy gives children major rights even if you wanted everything to go to your spouse.

How to avoid: Specifically address overseas property in your estate planning. Get advice on whether foreign wills are needed and whether your UK will is effective in the property's jurisdiction.

Mistake 2: Creating separate wills that inadvertently revoke each other

Standard will templates begin "I revoke all previous wills." If you create a UK will, then a Spanish will, the Spanish will may cancel the UK will. Or vice versa, depending on dates.

Outcome: One or both wills become invalid. You die partially or fully intestate. Executors face legal nightmares untangling which will (if any) is valid.

Margaret had this exact problem. Her 2018 UK will was cancelled by her 2020 Spanish will's revocation clause. Her executors didn't discover this until probate, requiring expensive legal proceedings to sort out which beneficiaries were entitled to which assets.

How to avoid: Each will must explicitly state it only revokes previous wills relating to assets in that jurisdiction. This requires precise legal language—use specialist solicitors.

Mistake 3: Ignoring forced heirship rules

"I'm British, British law applies to me" is perhaps the most expensive misconception.

Outcome: Your will doesn't work as intended. Property passes to forced heirs, not your chosen beneficiaries. Family members you wanted to provide for receive nothing or much less than planned.

Legal challenges follow. Children who were disinherited claim their forced heirship rights. Costs spiral. Relationships fracture.

How to avoid: Research forced heirship rules for the specific country and region where your property is located. Consider Brussels IV elections. Get specialist legal advice.

Mistake 4: Not obtaining local legal advice

UK solicitors, even excellent ones, may not understand foreign succession law in detail. A will drafted solely by a UK solicitor may be technically invalid under foreign law.

Outcome: When executors apply for probate, the foreign court rejects the will. It doesn't comply with local witnessing requirements, or language requirements, or formal structure requirements.

Starting over with a new foreign will after someone has died is nearly impossible. The estate proceeds under intestacy.

How to avoid: For any substantial foreign property, consult a lawyer qualified in that country's jurisdiction. Your UK solicitor should coordinate with foreign counsel—not work in isolation.

Mistake 5: Overlooking tax treaties and double taxation relief

Many people calculate UK inheritance tax, discover they're under the threshold, and assume they're fine. They forget the foreign country may also charge tax.

Outcome: Unexpected tax bills of tens of thousands of pounds. Beneficiaries forced to sell property quickly to pay tax, often at poor prices. Family home lost.

Missing out on double taxation relief means paying full tax in both countries when relief would have reduced the burden significantly.

How to avoid: Calculate potential tax in both the UK and the property's country. Research whether a double taxation treaty exists and how relief works. Build tax costs into estate planning.

Mistake 6: Failing to update wills when buying or selling overseas property

You made a will in 2010. You bought a Spanish apartment in 2018. Your will doesn't mention it—or mentions property you no longer own.

Outcome: Confusion during probate. Executors unsure how to handle assets not mentioned in the will. Disputes among beneficiaries about whether the residuary estate clause was intended to include foreign property.

When old wills mention specific foreign properties that have been sold, executors waste time and money investigating whether those properties still exist and tracking down sale proceeds.

How to avoid: Review and update your will whenever you buy or sell substantial assets, especially overseas property. This is one of the key life events that should trigger a will update.

Mistake 7: Not disclosing overseas property to your UK executor

Your executor may not know your overseas property exists. It's in another country, bills go to a foreign address, and you simply never mentioned it.

Outcome: Property undiscovered for months or years after death. Tax filing deadlines missed in both countries, triggering penalties. Property deteriorates from lack of maintenance.

In extreme cases, foreign authorities consider the property abandoned. Local tax authorities eventually trace it back to your estate, often with substantial accumulated penalties.

HMRC may also discover unreported foreign assets later and charge penalties for IHT underpayment, even if the failure to report was innocent.

How to avoid: Maintain a comprehensive asset inventory that clearly lists all foreign property with full details. Give copies to your executor, your solicitor, and a trusted family member. Store it with your will.

Do You Need Specialist Legal Advice?

Not every overseas property requires a £2,000 international estate planning solicitor. But many do.

Here's how to assess your situation.

Green light—you might handle this without a specialist:

Your foreign property is in a common law country (Australia, Canada, New Zealand, some Caribbean nations) with legal systems similar to the UK.

The property value is relatively small—under £50,000.

You have a simple family structure: married with children, everyone gets along, no previous marriages or estranged relatives.

The country recognizes UK wills and has no forced heirship.

Even in green light situations, verify foreign probate requirements and consider basic legal review. But full specialist international estate planning may be overkill.

Amber—you should seriously consider specialist advice:

Your property is in a forced heirship country (Spain, France, Portugal, Italy, most of Europe).

Property value is moderate: £50,000-£250,000.

You have family complexity: remarriage, step-children, children from previous relationships, unmarried partner, or estranged relatives.

Property is co-owned with someone outside your immediate family.

Your total estate (UK plus foreign) approaches or exceeds the UK inheritance tax threshold.

Red—you definitely need a specialist:

High-value foreign property: £250,000+.

Multiple properties in multiple countries.

Business property abroad, agricultural land, or property in trust structures.

Your worldwide estate significantly exceeds the nil-rate band and tax planning is critical.

Complex family situations: disputes likely, dependents with special needs, beneficiaries who can't manage property.

Countries with particularly complex succession laws or political/legal instability.

What specialists provide:

International estate planning solicitors draft wills that work across multiple jurisdictions. They coordinate UK and foreign wills to ensure they don't conflict.

They prepare valid Brussels IV elections where appropriate.

They work with foreign lawyers (or recommend reliable foreign counsel) to ensure wills comply with local law.

They structure your estate to minimize both UK and foreign taxes, claiming all available reliefs and using legal planning techniques.

They help you understand forced heirship and either work within it or use Brussels IV to work around it.

Typical costs:

Specialist international estate planning: £1,500-£3,000+ depending on complexity and number of jurisdictions involved.

Standard UK solicitor will: £650-£1,200.

WUHLD online will for simple UK estates: £49.99.

WUHLD's honest position:

WUHLD's online will service is designed for straightforward UK estates. If you own property abroad—particularly in forced heirship countries—we strongly recommend consulting a solicitor with international estate planning expertise.

Trying to save money with a basic online will when you actually need specialist advice is the most expensive mistake you can make.

A £300,000 Spanish villa is too valuable to risk on inadequate planning. The £2,000 you spend on proper legal advice protects an asset worth 150 times that amount.

We'd rather you use WUHLD for the right situation than use it for the wrong one and regret it. Trust matters more than a sale today.

How to Find and Work With International Estate Planning Lawyers

Finding the right specialist makes all the difference.

Where to find international estate planning solicitors:

The Law Society's Find a Solicitor tool allows you to filter by specialty. Search for "international estate planning" or "cross-border succession" or "private wealth."

STEP (Society of Trust and Estate Practitioners) is the worldwide professional body for estate planners. Their member directory lists specialists in international estate planning.

Ask for recommendations from accountants, financial advisors, or friends who've dealt with overseas property inheritance.

Look for solicitors who explicitly mention the countries relevant to you—a firm handling Spanish property regularly will know Spanish succession law far better than one that occasionally deals with it.

Questions to ask potential solicitors:

"How many international wills involving [specific country] property have you drafted in the past two years?"

You want someone with current, regular experience—not someone who handled a French estate once in 2015.

"Do you work with qualified lawyers in [country], and if so, who do you recommend?"

The best UK solicitors have established relationships with foreign counsel. They can coordinate efficiently and know who's reliable.

"What's your approach to Brussels IV elections for [country] property?"

This tests their knowledge. They should explain whether Brussels IV is appropriate for your situation and what it can and cannot achieve.

"What are the total estimated costs, including foreign legal fees?"

Get a clear breakdown: UK will drafting, foreign will review, coordination fees, foreign lawyer costs, any additional charges.

"How will you ensure my UK and foreign wills don't revoke each other?"

They should describe specific drafting techniques to avoid revocation issues and how they'll coordinate timing and clauses.

What to provide to your solicitor:

Complete asset inventory covering all UK and foreign property with current values and exact addresses.

Copies of foreign property deeds or title documents.

Information about how the property is owned (sole, joint, through a company) and any mortgages or charges.

Family tree showing all potential beneficiaries and their relationships.

Copy of your existing UK will if you have one.

Any existing foreign wills.

Your goals: who should inherit what, any specific concerns or family situations to address.

Working across borders:

Expect your UK solicitor to consult with or recommend foreign lawyers. You may need separate legal representation in the property's country.

This isn't the solicitor being difficult—it's necessary. UK lawyers cannot give definitive advice on foreign law. They need local counsel to verify their approach works under local rules.

You'll likely pay for both UK and foreign legal advice. Budget accordingly.

Timeline:

International estate planning takes longer than UK-only wills. Expect 6-12 weeks minimum for research, consultation with foreign lawyers, drafting, review, and finalization.

Complex situations involving multiple countries or tax planning can take 3-6 months.

Don't rush this. Errors cost far more than the extra time invested in getting it right.

Red flags to avoid:

Solicitors who claim one-size-fits-all solutions for overseas property.

Those who don't ask detailed questions about the specific country and your family situation.

Anyone who dismisses forced heirship concerns or claims "your UK will is fine."

Solicitors who won't coordinate with foreign lawyers or claim it's unnecessary.

Unusually low fees that seem too good to be true—international estate planning is specialist work that commands specialist fees.

International estate planning is an investment that protects potentially hundreds of thousands of pounds in property value. Choose carefully.

Practical Steps to Protect Your Overseas Property Today

You can start protecting your overseas property while you're arranging specialist consultations.

1. Document everything about your foreign property

Create a comprehensive inventory with full addresses, purchase dates, current values, ownership structure (sole, joint tenancy, tenancy in common, company-owned), mortgage details, and names of all co-owners.

Include property registration numbers, local tax reference numbers, and the names of any property managers or local contacts.

2. Locate all deeds and documents

Find original purchase documents, title deeds, property registration papers, and any mortgage documents.

Make copies and store originals securely. Tell your intended executor where to find them.

3. Research the country's succession laws

Spend an hour researching the basic succession and forced heirship rules for the country where your property is located.

You're not trying to become an expert—just understand enough to have informed conversations with solicitors. Does forced heirship apply? What percentage? Are there regional variations?

Official government legal sources are best. Many countries provide succession law information in English for foreign property owners.

4. Review your existing UK will

Take out your current will and read it carefully. Does it mention overseas property specifically? Does it have a residuary clause that would include foreign assets?

Does it have a blanket "I revoke all previous wills" clause that could conflict with a foreign will if you create one?

If you don't have a UK will yet, that's your starting point—though don't finalize it until you've addressed the overseas property question.

5. Inform your executor about overseas property

Make sure your UK executor knows about foreign property and has copies of key documents.

Discuss whether they're willing and able to handle cross-border probate. Some executors feel overwhelmed by international complexity and would prefer you appoint someone else or add a co-executor with relevant experience.

6. Consider ownership structure changes

Joint tenancy with right of survivorship can bypass some probate issues in some countries. If you own property with a spouse, verify whether the ownership structure includes survivorship rights.

But don't change ownership structures without legal advice—you could trigger capital gains tax or create other problems. Just understand your current structure and explore whether changes might help.

7. Check property beneficiary designations

Some corporate structures or ownership arrangements allow designated beneficiaries who inherit automatically outside of probate.

Review any such designations to ensure they're current and align with your overall estate plan.

8. Calculate potential tax exposure

Do rough calculations of UK inheritance tax on your total worldwide estate. Then research typical succession tax rates in the foreign property's country.

Understand whether a double taxation treaty exists between the UK and that country. You don't need precise figures—just a sense of potential tax exposure.

This helps you understand whether tax planning is critical or whether you're comfortably under thresholds in both countries.

9. Set aside a legal budget

Plan financially for proper international estate planning. Budget £1,500-£3,000 for UK specialist advice plus £1,000-£3,000 for foreign legal counsel depending on complexity.

Yes, this is expensive. It's also far cheaper than the problems inadequate planning creates.

10. Schedule consultations with specialists

Contact 2-3 international estate planning solicitors for initial discussions. Many offer free or low-cost initial consultations.

Use these conversations to assess expertise, get cost estimates, and determine who you're most comfortable working with.

Don't delay these consultations. The stress of knowing your estate planning is incomplete affects you every day. Get this sorted and have peace of mind.

When WUHLD Can (and Can't) Help

We believe in transparency about our service's capabilities and limitations.

What WUHLD is designed for:

WUHLD creates legally valid UK wills for straightforward estates: UK property, UK bank accounts, UK investments, personal possessions located in the UK.

Our £49.99 online will service guides you through essential decisions—who inherits, who acts as executor, who raises your children if you die while they're minors.

You complete everything online in about 15 minutes. You can preview your complete will free before paying. No subscriptions, no hidden fees.

WUHLD can include overseas property in your residuary estate:

If you own a small overseas asset and want it to pass as part of "all the rest of my estate," WUHLD can accommodate that wording.

But—and this is critical—including overseas property in your UK will's residuary clause doesn't solve forced heirship issues, foreign probate requirements, or international tax complications.

It just means your UK will expresses your wishes about the property. Whether those wishes are legally effective abroad is a different question.

What WUHLD cannot do:

We don't draft Brussels IV elections. These require specialist legal expertise to ensure valid, enforceable wording.

We don't coordinate with foreign wills or include specific non-revocation clauses for multi-jurisdiction estate plans.

We don't provide forced heirship workarounds or jurisdiction-specific clauses.

We don't offer international tax planning or advice on minimizing double taxation.

We don't draft separate jurisdiction-specific wills for foreign countries.

Why this transparency matters:

Spending £49.99 on a UK will that doesn't properly handle your €300,000 Spanish villa isn't saving money. It's creating a false sense of security while leaving your family exposed to expensive problems.

That's a £49.99 waste—and potentially a disaster costing your estate hundreds of thousands of pounds.

We'd rather be honest about our limitations and help you find the right solution than make a sale that doesn't serve your actual needs.

When WUHLD might work alongside specialist advice:

If you own overseas property, you can potentially use WUHLD for your UK will while working separately with an international estate planning solicitor on a foreign will.

Your specialist solicitor designs the overall cross-border strategy. They draft your foreign will with appropriate Brussels IV elections and forced heirship provisions. They ensure non-revocation clauses work correctly.

Then you use WUHLD to create a straightforward UK will covering your UK assets only, following the structure your solicitor recommends.

This approach could work in limited circumstances. But verify this strategy with your specialist solicitor before proceeding. Don't assume it works without professional confirmation.

Next steps for overseas property owners:

If your foreign property is small (under £50,000), in a simple jurisdiction (common law country), and you understand the risks, WUHLD might be suitable for the UK portion of your estate.

For most overseas property—especially in forced heirship countries, especially over £50,000 in value—start with specialist legal consultation. Get expert advice on your overall cross-border estate plan before creating any wills.

Once you have that strategy in place, we're here if WUHLD fits the UK component. If it doesn't, we've helped you avoid an expensive mistake by being honest about our limitations.

We're playing the long game. We want you to trust WUHLD for the right situations. That trust—and your recommendations to friends and family—matters more than a single sale today.

Frequently Asked Questions

Q: Can I include my overseas property in my UK will?

A: Yes, you can mention overseas property in your UK will and state your wishes for who should inherit it. However, including it doesn't guarantee the foreign country will recognize or apply your wishes. Many countries have forced heirship rules or require local wills, so your UK will alone may not be sufficient.

Q: Do I pay UK inheritance tax on property I own abroad?

A: Yes. UK residents pay inheritance tax on their worldwide assets, including foreign property. The nil-rate band is £325,000, with everything above taxed at 40%. The foreign country may also charge succession tax, creating potential double taxation (though tax treaties often provide relief).

Q: What happens if I die with property in Spain and no Spanish will?

A: Your UK will may be recognized in Spain, but the Spanish probate process will be slower and more expensive. More critically, Spanish forced heirship rules will apply regardless of what your UK will says—two-thirds of the property must pass to your children. A Brussels IV election in a properly drafted will could potentially apply UK law instead.

Q: How long does probate take for overseas property?

A: UK probate takes 12-23 weeks for straightforward estates. Foreign probate runs alongside or after UK probate, adding 6-18 months depending on the country. Spain and Italy are particularly slow. Total timeline for estates with both UK and foreign property often exceeds 18-24 months.

Q: How much does international estate planning cost?

A: Specialist international estate planning solicitors typically charge £1,500-£3,000+ for UK will drafting with cross-border considerations. You'll also need foreign legal advice costing £1,000-£3,000+ depending on the country and complexity. While expensive upfront, this protects assets often worth hundreds of thousands of pounds.

Q: What is Brussels IV and should I use it?

A: Brussels IV (EU Succession Regulation 650/2012) allows you to elect your nationality's law to govern your succession, potentially avoiding forced heirship. UK nationals can use Brussels IV for EU property despite Brexit. However, elections must be precisely drafted by specialists—errors can invalidate them. Always consult an international estate planning solicitor before relying on Brussels IV.

Protect Your International Estate With Proper Planning

Overseas property adds significant complexity to estate planning—but that complexity is manageable with the right approach.

Key takeaways:

UK wills alone often don't protect foreign property—forced heirship countries may ignore your wishes without proper planning
As a UK resident, you pay inheritance tax on worldwide assets; the foreign country may also tax the same property
Brussels IV elections can potentially bypass forced heirship but require specialist legal drafting
Double probate across two countries adds 6-18+ months and £5,000-£15,000+ in costs to your estate administration
Separate wills must include specific non-revocation clauses—get this wrong and both wills become invalid
International estate planning costs £2,500-£6,000+ but protects assets often worth 50-100 times that investment

The complexity of overseas property and cross-border succession law creates genuine risk. Families lose hundreds of thousands of pounds when properties pass to unintended beneficiaries, double taxation isn't properly managed, or probate processes spiral out of control.

But you can protect your family. Document your foreign property, research the country's succession laws, calculate potential tax exposure, and consult specialist solicitors who understand both UK and foreign legal requirements.

For simple UK estates, WUHLD makes will creation straightforward:

If you don't own overseas property—or if you're handling foreign property separately with specialist legal advice—WUHLD can help you create your UK will quickly and affordably.

For just £49.99 (vs £650+ for a solicitor), you get:

Your complete, legally binding UK will
A 12-page Testator Guide explaining how to execute your will properly
A Witness Guide to give to your witnesses
A Complete Asset Inventory document

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer: This article provides general information about overseas property in UK wills and does not constitute legal advice for your specific situation. Laws governing international property, forced heirship, inheritance tax, and probate vary significantly by country and change frequently. For advice specific to your individual circumstances and the country where your property is located, please consult qualified solicitors in both the UK and the foreign jurisdiction. WUHLD's online will service is suitable for straightforward UK estates; international property typically requires specialist legal advice.

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