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Dual Will Strategy

Also known as: Multiple Wills, Separate Wills for Different Jurisdictions

Definition

A dual will strategy is an estate planning approach where you create separate wills in different countries to govern assets located in each jurisdiction, allowing faster probate and compliance with local laws.

This strategy matters because assets in different countries are subject to different inheritance laws, and real estate abroad is almost always governed by the law of the country where it's located—meaning your UK will may not be recognized or enforceable for property in Spain, France, or other jurisdictions.

What Does Dual Will Strategy Mean?

Under English and Welsh law, the Administration of Estates Act 1925 governs estate administration domestically, but international assets introduce jurisdictional complexity. A dual will strategy creates separate, coordinated wills for different countries rather than one worldwide will. The legal foundation rests on the lex situs principle—immovable property (real estate) is governed by the law where it's situated, regardless of the owner's residence or citizenship.

The standard structure uses a primary will for assets in your main residence country plus worldwide movable assets (bank accounts, investments), and secondary wills for property in specific foreign jurisdictions. Each will must explicitly state its scope and manage revocation clauses carefully. Sarah, 52, lives in Manchester but owns a villa in Málaga worth €400,000. She creates a UK will covering her UK assets and a Spanish will for her Spanish property, drafted by a Spanish abogado. Both explicitly state they govern only assets in their respective jurisdictions and revoke only previous wills relating to those same assets.

This provides three key benefits: simultaneous probate in multiple countries (reducing years to months), compliance with local inheritance laws (critical in France, Spain, Germany where forced heirship rules require portions go to children), and tax optimization by limiting each jurisdiction's calculation to local assets only.

Accidental revocation is the critical risk. Standard wording like "I revoke all previous wills" would cancel existing foreign wills. Each will must specify which assets and jurisdictions it covers, explicitly stating it only revokes previous wills relating to those assets. Professional coordination between solicitors in each country is essential—this is not DIY territory. Proper dual will preparation (typically £1,500-£3,000 UK plus foreign fees) prevents complications and litigation.

Common Questions

"When should I consider using a dual will strategy?" You should consider a dual will strategy if you own property or significant assets in multiple countries. Creating separate wills for different jurisdictions can speed up probate, reduce costs, and ensure compliance with local inheritance laws. This is particularly important if you own real estate abroad, as property is typically governed by the laws of the country where it's located.

"Can having multiple wills cause one to cancel out the other?" Yes, this is the most critical risk of dual wills. If not properly drafted, a new will can inadvertently revoke all previous wills through standard revocation clauses. Each will must be carefully worded to specify which assets and jurisdictions it covers, explicitly stating it only revokes previous wills relating to those specific assets. Professional coordination between solicitors in each country is essential.

"Do I need a solicitor in each country where I have assets?" While not legally required, it's strongly recommended to work with qualified estate planning solicitors in each jurisdiction where you hold significant assets. Local solicitors understand jurisdiction-specific laws, forced heirship rules, tax implications, and probate procedures. The cost of professional advice is far less than the complications and expenses that can arise from incorrectly drafted multiple wills.

Common Misconceptions

Myth: A UK will automatically covers all my assets worldwide, even property in other countries.

Reality: A UK will can include provisions for worldwide assets, but it won't necessarily be recognized or enforceable in all jurisdictions. Real estate is almost always subject to the law of the country where it's located (lex situs principle), meaning UK will provisions about Spanish property may be ignored by Spanish probate courts. Many countries require local probate regardless of foreign wills.

Myth: Having multiple wills means I can leave different assets to different people without anyone knowing about the other wills.

Reality: Multiple wills are designed for jurisdictional efficiency, not secrecy. All wills become public documents during probate, and executors have a legal duty to identify all assets and wills. Attempting to use dual wills to hide inheritance arrangements can lead to claims of undue influence or fraud. Wills should reference each other for clarity.

  • Expat Will: The broader international estate planning category where dual will strategy is one specific technique.
  • International Assets: Property and investments in foreign countries that typically trigger the need for dual will strategies.
  • Foreign Property: Real estate abroad governed by lex situs principle, the most common reason for jurisdiction-specific wills.
  • Domicile: Legal place of permanent residence determining which inheritance laws apply to movable assets.
  • Cross-Border Estate Planning: Umbrella term encompassing dual wills plus other international estate planning techniques.
  • Probate: Legal process made more efficient by dual wills through parallel proceedings in multiple jurisdictions.
  • International Estate Planning Strategies: Compares dual wills with single worldwide wills and trust structures.
  • Owning Property Abroad: Explains lex situs and why foreign real estate needs special planning.
  • Estate Planning for British Expats: Decision framework for determining if you need multiple wills.
  • Understanding Forced Heirship Rules: Mandatory inheritance rules making local wills essential in many European countries.
  • Domicile and Estate Planning: Clarifies domicile, residence, and nationality for dual will structure.
  • International Probate Process: Compares sequential versus parallel probate processing.
  • Tax on Foreign Assets: How separate wills can optimize inheritance tax position.

Need Help with Your Will?

Understanding dual will strategy is essential for informed international estate planning decisions. While this approach requires specialist coordination between solicitors in multiple countries, having the right foundation matters.

For UK residents creating a will covering assets solely in England and Wales, WUHLD offers a straightforward online will creator for £99.99 that you can complete in 15 minutes. However, if you own significant property or assets abroad, a dual will strategy requires specialist advice from qualified solicitors in each jurisdiction. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.