🌍 Expat Wills · 🌐Do Expats Need a Will in Every Country They Live In?
📅 April 7, 2026✍️ Law-Trust Editorial Team⏱ 12 min read🌍 Expat Edition
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"Do I need a will in every country?" is one of the most common questions expats ask about estate planning — and the answer is nuanced. The short version: you don't necessarily need a will in every country you've lived in, but you do need adequate legal coverage for every country where you have significant assets.
This guide cuts through the complexity with a definitive answer, supported by the legal principles at play and five real expat scenarios showing how this works in practice.
The Definitive Answer: It Depends on What You Own
The rule of thumb is:
- Real estate (immovable property): Almost always needs a local will or a will formally recognised in that country. The legal principle of lex situs — the law of the place where the property is situated — applies to real estate virtually everywhere.
- Moveable assets (bank accounts, shares, investments, personal property): In theory governed by your law of domicile, but individual countries vary significantly in how readily they accept foreign wills for these assets.
- Countries with forced heirship rules: Need particular attention — even for moveable assets, local forced heirship rights may apply regardless of what your will says.
- UAE and similar jurisdictions: Require specific registered wills for non-Muslim expats regardless of what's in a foreign will.
How Moveable vs Immoveable Asset Rules Work
The lex situs rule for real estate
Virtually every country in the world applies lex situs to real property — the law of the location governs succession to land and buildings. This means:
- If you own a house in Spain, Spanish succession law governs how that property passes, regardless of your nationality or domicile
- If you own property in Thailand, Thai law governs its succession
- A will from another country cannot simply override this rule for immoveable property
The domicile rule for moveable assets
Most countries follow the principle that moveable assets (personal property) are governed by the law of the deceased's domicile. So if you are domiciled in the UK:
- Your UK will, in principle, governs your moveable assets worldwide
- A UK grant of probate is needed, but may be recognised or resealed in many jurisdictions
- However, some countries (especially with civil law systems) may apply their own rules regardless
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Five Real Expat Scenarios
Scenario 1: UK expat in Canada — no property abroad
Assets: UK house, UK pension, UK savings; Canada: salary, Canada pension plan contributions, Canadian TFSA/RRSP
Do you need a Canadian will? Yes — strongly recommended. While a UK will might theoretically cover Canadian moveable assets, Canadian financial institutions and the courts expect Canadian documents. The TFSA/RRSP beneficiary designations are especially important.
Solution: UK will for UK assets + Canadian will for Canadian assets. Cost: under $300 CAD total using online services.
Scenario 2: British expat in Spain, owns Spanish property
Assets: UK house, UK pension; Spain: apartment on the Costa del Sol
Do you need a Spanish will? Yes — for the Spanish property. However, under EU Succession Regulation 650/2012, you can elect UK law to apply to your Spanish assets in your UK will. This can work for avoiding Spanish forced heirship, but a local Spanish will is still strongly recommended for practicality and speed.
Solution: UK will (with Brussels IV election) for UK assets + Spanish will for Spanish property, with jurisdiction-limiting clauses in both.
Scenario 3: American in Germany — no European property
Assets: US brokerage account, US 401(k), US house; Germany: bank accounts, German pension
Do you need a German will? For German bank accounts, a US will may be accepted if translated and apostilled — but a German testament (notarized will) makes the process much faster and cheaper. For the US house, the US will is essential.
Solution: US will for US assets + German will for German assets. The US will must be coordinated to not revoke the German will.
Scenario 4: South African expat in UAE
Assets: SA property, SA retirement annuity; UAE: Dubai apartment, UAE bank accounts, UAE company shares
Do you need a UAE will? Yes — urgently. Without a DIFC Will or Abu Dhabi Judicial Department will, UAE assets default to Shariah-based distribution. A SA will cannot override UAE law for UAE-sited assets.
Solution: SA will for SA assets + DIFC/Abu Dhabi will for UAE assets. Coordination required.
Scenario 5: British expat in Singapore — no Singapore property
Assets: UK house, UK ISA; Singapore: bank accounts, Singapore brokerage investments
Do you need a Singapore will? Singapore generally accepts foreign wills for moveable assets (after a resealing process). For most people in this situation, a UK will may suffice — but a Singapore will speeds up the process and avoids the resealing requirement.
Solution: UK will for UK assets; consider simple Singapore will for Singapore assets if planning to remain there long-term.
The "Single Will for Everything" Trap
Some expats opt for one comprehensive will covering all worldwide assets. This can work — but only if:
- The will explicitly uses jurisdiction-limiting language or is carefully drafted to be globally applicable
- The will can actually be enforced in all relevant jurisdictions
- The will addresses forced heirship issues in any relevant countries
- The will includes explicit elections under applicable international conventions (like Brussels IV)
In practice, very few wills achieve all of this reliably. For most expats with assets in multiple countries, coordinated multiple wills provide greater certainty and speed of estate administration.
Practical Recommendations by Asset Type
| Asset Type | Recommendation |
|---|
| Real estate in Country X | Will in Country X or formally recognised foreign will |
| Bank accounts abroad | Local will preferred; home country will may work with resealing |
| UAE assets (non-Muslim) | DIFC or Abu Dhabi registered will — mandatory |
| EU assets (EU resident) | Single will with Brussels IV election may suffice |
| Canadian RRSP/TFSA | Named beneficiaries on account; Canadian will for other assets |
| US retirement accounts | Named beneficiaries on account; US will for other assets |
Frequently Asked Questions
Do I need a will in every country I have assets in?
Not necessarily in every country, but you need legal coverage for all significant assets. Real estate almost always requires a local will or a will formally recognised under local law. For moveable assets, a properly drafted will from your country of domicile may cover multiple jurisdictions — but this varies significantly by country.
What is the difference between movable and immovable assets for estate planning?
Immovable assets (real property) are governed by the laws of the country where they are located. Movable assets (bank accounts, investments, personal possessions) are typically governed by the law of the deceased's domicile, though individual countries may have different rules.
Does EU Succession Regulation 650/2012 help expats avoid multiple wills?
Yes, to some extent. Under Brussels IV, an EU-resident expat can elect for the law of their nationality to govern their entire estate within the EU. This can allow a single will drafted under home country law to cover assets in multiple EU member states, provided the election is clearly stated in the will.
What happens to expat bank accounts without a local will?
Bank accounts held abroad can often be dealt with by a foreign will, especially if the bank's country recognises foreign wills. However, banks vary in their requirements. Some require a local grant of probate or letters of administration before releasing funds.
Is it safe to have only one will as an expat?
It can be — but only if the will is carefully drafted with jurisdiction-limiting clauses, can be recognised and enforced in all relevant jurisdictions, and addresses forced heirship issues. For most expats with property in multiple countries, multiple coordinated wills offer greater certainty.