The Expat's Complete Guide to Writing a Will in 2026

Writing a will as an expat is categorically different from writing one as someone who has lived in the same country their entire life. Where a domestic will simply needs to comply with one country's requirements, an expat will must navigate a maze of intersecting legal systems, each with their own rules about what makes a will valid, who is entitled to inherit, and how an estate is taxed.

The stakes are high. Without a properly structured expat will, your family could face frozen assets in multiple countries, competing claims from courts in different jurisdictions, forced heirship rules that override your wishes, and an estate that takes years and tens of thousands of dollars in legal fees to resolve.

This comprehensive guide gives you the knowledge you need to write a will that actually works across international borders.

Why Domestic Wills Fail Expats

The most common mistake expats make is assuming that a will from their home country covers their worldwide estate. This assumption fails for several reasons:

• Immovable property: Real estate is almost universally governed by the law of the country where it is located (lex situs). A UK will cannot override Spanish, French, or UAE property law without specific provisions.
• Forced heirship: Many countries (France, Spain, Germany, many Middle Eastern and Asian jurisdictions) have forced heirship rules that give certain relatives (particularly children) an automatic, irrevocable right to a portion of your estate. A will from another country cannot override these rules for locally-situated assets.
• Probate recognition: Your home country's grant of probate is not automatically recognised in other countries. Each jurisdiction may require its own legal proceedings to deal with local assets.
• Accidental revocation: An improperly drafted will from Country B may be interpreted as revoking your existing will from Country A.

The Two Most Important Concepts: Domicile and Situs

Domicile

Domicile is the country you regard as your permanent home — the country to which you intend to eventually return, or where you intend to remain indefinitely. It is NOT the same as residence, nationality, or citizenship.

Domicile of origin: Acquired at birth, usually the country where your father was domiciled. Sticks with you unless actively displaced.

Domicile of choice: Acquired by taking up permanent residence in a new country with the intention of remaining there indefinitely. The intention is the key element — many expats never acquire a domicile of choice because they always intend, at least notionally, to return home.

Why does domicile matter? Your law of domicile typically governs: which country's intestacy rules apply if you die without a will, the formal validity of your will, and in many jurisdictions, the succession of moveable assets.

Situs

The situs of an asset is the country where it is legally situated. For real property, this is straightforward. For shares, it is typically the country of incorporation of the company. For bank accounts, it is typically the country where the account is held.

Most countries apply lex situs to immovable property — meaning the law of the country where the property is located governs its succession, regardless of the deceased's domicile. This is why a will from Country A cannot simply deal with property in Country B without complications.

The Hague Convention on Succession

The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons (1989) attempts to provide a unified framework for international succession. Under the Convention:

• A testator can choose the law of their nationality or habitual residence to govern their estate
• This choice must be made expressly in the will
• This choice can override the default lex situs rules in signatory countries

Unfortunately, relatively few countries have ratified the Convention in full. However, many countries' domestic laws have been influenced by its principles, and the EU Succession Regulation 650/2012 (Brussels IV) creates a similar mechanism within the EU — allowing EU residents to elect the law of their nationality to govern their estate within the EU.

EU Succession Regulation 650/2012 (Brussels IV)

For expats living in EU member states, this regulation is extremely important. It provides that:

• By default, the succession law of the country of habitual residence at death applies to the entire estate within the EU
• A testator can elect the law of their nationality (for non-EU nationals, this means their home country's law) to apply instead
• This election must be made expressly in the will

This is particularly useful for British expats in Spain (see our guide on British expats in Spain), who can elect UK law to avoid Spanish forced heirship rules. Note: Brexit means the UK itself is no longer part of Brussels IV — but expats in EU countries can still elect the law of their UK nationality.

When Do You Need Multiple Wills?

The general rule: you need at minimum one will per jurisdiction where you own immovable property (real estate). For moveable assets, a properly drafted will from your country of domicile may suffice — but separate wills for major asset locations provide more certainty and speed.

Situations requiring multiple wills

• You own property in two or more countries
• You have assets in a country with forced heirship rules that override a foreign will
• You have assets in the UAE (where non-Muslim expats need a DIFC or Abu Dhabi registered will)
• You have significant moveable assets in a country that does not easily recognise foreign wills

Critical coordination requirement

When you have multiple wills, they must be carefully coordinated. Each will should contain a clause specifically limiting its scope to assets in a particular jurisdiction (e.g., "This will governs only assets situated in the United Kingdom"). Without this limitation, the later will may be interpreted as revoking all previous wills — inadvertently leaving some jurisdictions without coverage.

What ExpatLegalWills.com Does

ExpatLegalWills.com is designed for exactly this situation. The service:

• Creates a comprehensive expat will that acknowledges the multi-jurisdictional nature of your estate
• Includes a detailed asset inventory for different countries
• Uses jurisdiction-limited language to prevent accidental revocation of other wills
• Can work alongside country-specific local wills
• Provides guidance on which assets each will should cover
• Accessible online from any country in the world

Estate Taxes: The Multi-Jurisdiction Problem

Expats may face estate/inheritance taxes in multiple countries — and without careful planning, the same assets can be taxed twice:

• UK expats: UK Inheritance Tax on worldwide estate if UK-domiciled; local inheritance tax in country of residence
• SA expats: SA Estate Duty on worldwide estate if SA tax resident; local taxes in country of residence
• US citizens: US estate tax applies to worldwide estate regardless of residence (see our Americans abroad guide)
• Double taxation treaties: Many countries have bilateral estate/inheritance tax treaties that prevent double taxation. Check whether your home country and country of residence have such a treaty.

The Expat Will Planning Process: Step by Step

1. Audit all assets by jurisdiction — make a list of what you own and where
2. Determine your domicile — this affects which laws apply to your estate
3. Identify forced heirship issues — do any countries where you have assets have forced heirship rules?
4. Decide on the number of wills needed — typically one per country with real property
5. Draft coordinated wills — with jurisdiction-limiting clauses in each
6. Address estate taxes — check applicable treaties and plan accordingly
7. Review regularly — as you move countries, acquire new assets, or laws change

Frequently Asked Questions