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Renvoi

Also known as: Conflict of Laws, Choice of Law

Definition

Renvoi is a legal doctrine that determines which country's laws apply to your estate when you have assets or connections in multiple countries, resolving conflicts between different legal systems.

The term comes from French, meaning "send back" or "return unopened." It matters because different countries have vastly different inheritance laws—what's valid under UK law might be invalid elsewhere, potentially overriding your wishes.

What Does Renvoi Mean?

Renvoi is part of conflict of laws (also called private international law). It arises when one country's law says "apply another country's law," but that second country's law might refer back to the first country or to a third country entirely. The UK applies "double renvoi" in succession matters, meaning English courts apply whatever law a foreign court would apply, looking at the entire foreign legal system including its conflict of laws rules.

This was established in the landmark case Re Annesley [1926], where an English woman lived in France for 40 years. English law said French law applied because she died domiciled in France. But French law said English law applied based on her nationality. The court applied double renvoi—looking at what a French court would do—and ultimately applied French domestic law, meaning French forced heirship rules overrode her English will.

Different types of assets are governed by different laws. UK law generally applies immovable property (land and buildings) to the law of the country where the property is located. Movable property (bank accounts, investments, personal belongings) follows the law of your domicile at death. Emma owns a home in Bristol worth £450,000 and a holiday apartment in Nice worth €280,000. When she dies, UK law applies to her Bristol home and bank accounts, but French law may apply to the Nice apartment—potentially subjecting it to French forced heirship rules that require her children to inherit two-thirds regardless of her will's terms.

The EU Succession Regulation (Brussels IV, Regulation 650/2012) changed renvoi rules among EU member states. Article 34 abolished renvoi between participating EU countries but still applies it when a third state's law governs. Since the UK opted out of Brussels IV and is now a third state, renvoi still applies to UK estates with EU property. However, Article 22 of Brussels IV allows you to elect your nationality's law for your entire estate, which excludes renvoi entirely and provides certainty.

Common Questions

"When does renvoi affect my will or estate?" Renvoi affects your estate when you own property in multiple countries. It determines which country's laws apply to different assets. For example, if you're UK-domiciled with a French property, renvoi may mean French law governs that property even though UK law applies to your other assets.

"Can I avoid renvoi complications in my estate plan?" Yes, you can avoid renvoi by making a choice of law election in your will, specifying which country's laws should govern your estate. Under the EU Succession Regulation (which still affects UK assets indirectly), choosing your nationality's law excludes renvoi and provides certainty about which laws apply.

"Does renvoi apply to all my assets or just property abroad?" Renvoi typically applies differently depending on asset type. UK law generally applies renvoi to immovable property (land and buildings) based on where they're located, and to succession matters. Movable property (bank accounts, investments, personal belongings) usually follows different rules based on your domicile.

Common Misconceptions

Myth: If I make a UK will, UK law applies to my entire estate worldwide.

Reality: UK law does not automatically govern all your worldwide assets. Property located abroad is generally governed by the law of the country where it's situated due to renvoi. Your UK will might be valid for your UK assets, but French law could still apply to your French villa, potentially overriding your UK will's provisions for that property.

Myth: Renvoi is only relevant for wealthy people with multiple homes abroad.

Reality: Renvoi affects anyone with international connections—not just the wealthy. This includes UK expats working abroad, people with modest holiday homes in Spain or France, dual nationals, anyone with foreign bank accounts, or those who've lived in multiple countries. Post-Brexit and with remote work, cross-border estates are increasingly common for middle-class families.

  • Succession Law (International): The broader framework governing cross-border estates, of which renvoi is one specific rule.
  • Domicile: The key factor determining which jurisdiction's law initially applies before renvoi comes into play.
  • Overseas Property: Immovable property abroad where renvoi most commonly becomes practically important in succession planning.
  • International Estate Planning: The strategic approach to addressing renvoi and other cross-border complications in your estate.
  • Foreign Law: What renvoi might direct you to apply when resolving succession to international assets.
  • Conflict of Laws: The field of private international law within which renvoi operates as a specific doctrine.
  • Brussels IV Regulation: The EU framework that changed how renvoi operates for cross-border successions involving EU member states.
  • International Estate Planning Guide: Provides practical context for when and why renvoi matters in your cross-border estate planning strategy.
  • Property Abroad: What You Need to Know: Explains how renvoi affects ownership of holiday homes and other overseas property.
  • Understanding Domicile for Estate Planning: Covers the prerequisite concept that triggers renvoi analysis in succession matters.
  • EU Succession Regulation and UK Estates: Essential for understanding modern renvoi rules after UK's departure from the EU regulatory framework.
  • Multiple Wills Strategy for International Assets: Provides solutions to renvoi complications through separate wills for different jurisdictions.

Need Help with Your Will?

If your estate involves assets in multiple countries, understanding renvoi shows why specialist international estate planning is essential. Different countries have conflicting laws about who inherits and how much control you have over your assets.

While WUHLD's £99.99 online service is designed for UK-only estates, we recognize when you need specialist advice. For cross-border estates, consult a solicitor experienced in international estate planning. For straightforward UK estates, create your will with confidence using WUHLD's guided platform. 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.