Owning property abroad raises a question your English will alone cannot fully answer: which country's law decides what happens to the property when you die? A villa in Spain, an apartment in Portugal, a holiday cottage in France, an investment property in Florida - each is governed by the succession law of the country where it sits, not by the will you signed at home. This guide covers what an English will can and cannot do with foreign property, when you need a second will in the other country, and the EU Succession Regulation that changes the rules for many UK owners of European property.
Key takeaways:
- Real property (land, buildings) is generally governed by the law of the country where it sits, not by your English will. Movable property (cash, shares) is governed by the law of your domicile.
- For most UK owners of EU property, the EU Succession Regulation (Brussels IV) lets you choose English law to apply to your foreign property - but only if you make the election clearly in writing.
- Many EU countries have forced heirship rules that automatically reserve a share of your estate for children or spouse, regardless of what your will says.
- The cleanest answer for most cross-border situations is two coordinated wills: one English will for UK assets, one local will for the foreign property, drafted to not conflict.
- Get local legal advice in any country where you own real estate. The cost is small compared to the cost of getting it wrong.
Why foreign property is different
When you die owning property in England and Wales, the will (or intestacy rules) under English law determines what happens. The Probate Registry issues a grant, your executors deal with the property, and that's that.
When you die owning property abroad, that simple chain breaks. The English will may have nothing to say about the foreign property - or what it says may be ignored. Whether the gift in the will succeeds depends on:
- The succession law of the country where the property is located - forced heirship rules, mandatory share for spouse, restrictions on disinheritance.
- The country's conflict-of-laws rules - some countries apply their own succession law to all property within their borders; others defer to the testator's national or habitual residence law.
- Whether you've made an effective choice of law (where the country allows it).
- The existence of a local will dealing with that property specifically.
You can have a perfectly valid English will that leaves your Spanish villa to your unmarried partner, and then have Spanish law override it because Spanish forced heirship rules reserve a share for your children. The English will isn't wrong; it's just not the rule that applies.
The EU Succession Regulation (Brussels IV)
Until 2015, working out which law applied to UK-owned EU property was a tangled mess. The EU Succession Regulation 650/2012 (often called "Brussels IV") simplified it across most EU member states:
- The general rule: the law of the country where you were habitually resident at the time of death applies to your whole succession.
- But you can elect, in your will, that the law of your nationality applies instead.
For a UK national living in the UK with property in Spain, France, Portugal or most other EU member states, this means you can elect for English law to apply to your Spanish villa. That election overrides Spanish forced heirship and lets you leave the property to whoever you choose - your unmarried partner, your stepchildren, a charity - just as you could in your English will.
The election only works if you make it. You have to include a specific clause in your will (typically: "I declare that the law of England and Wales should govern the succession to my entire estate, including all property in Member States of the European Union") for the regulation to apply. A standard English will without this clause doesn't trigger it.
Brexit didn't change this. Brussels IV is an EU regulation that applies to property within EU member states - it applies regardless of the property owner's nationality or whether they're an EU citizen. UK owners of EU property can still rely on it.
EU countries where Brussels IV does NOT apply
Three EU states opted out: Ireland, Denmark, and (technically) the UK itself before Brexit. For Irish property in particular, the regulation does not apply and you need Irish-specific advice. The 27 other EU states are covered.
Forced heirship - the rule that surprises UK owners
Many EU and Latin American countries have forced heirship rules that automatically reserve a share of the estate for the deceased's children (and sometimes spouse). The testator cannot disinherit them, even with a clear will saying so.
Examples (rough guide, take local advice):
- France: children have a "réserve héréditaire" of 50%, 66%, or 75% of the estate depending on how many children there are. Only the remaining portion is freely disposable.
- Spain: two-thirds of the estate is reserved for descendants. Half of that reserved portion must be equal among them.
- Portugal: children together with the spouse generally have a reserved share of two-thirds.
- Italy: reserved shares for spouse and children that vary by family composition.
- Germany: descendants and spouse have a "Pflichtteil" entitlement equal to half their statutory share.
The Brussels IV election can override these for UK nationals - which is precisely why the clause matters.
The two-wills approach
For most UK owners of foreign property, the cleanest strategy is:
- An English will dealing with all your UK and worldwide movable assets, drafted in English and with English-law executors.
- A separate local will, drafted by a local lawyer in the country where the property sits, dealing only with that property. Written in the local language, with local witnesses and signed under local formalities.
Each will explicitly limits its scope to the assets in its country, and includes language to avoid revoking the other. A standard English will containing the words "I revoke all previous wills" would otherwise wipe out the Spanish will you signed last year - so the wording must be careful.
Two wills is more upfront effort but avoids:
- Translation and apostille costs for a single will to be used abroad
- Confusion at probate when foreign authorities aren't sure how to interpret an English-law clause
- Mismatched executor arrangements where the English executors have no standing in the foreign country
For UK owners of EU property who have made a Brussels IV election to English law, a single English will can work - but a coordinated second will is still often the most practical option.
Trusted Hands wills cover UK assets only. If you own foreign property, we strongly recommend taking local legal advice in addition to your English will. Our Smart Will Engine flags overseas assets during the build so you can address them before signing. Start your will →
Non-EU foreign property
Different countries, different rules. A quick guide:
- USA: each state has its own succession law. Property in California, Florida, New York etc. is generally governed by that state's law, and forced heirship is rare. A US-state-specific will is often advisable.
- Australia, New Zealand, Canada: common-law jurisdictions, similar in spirit to England. An English will can often work but local probate may still require a resealed grant.
- South Africa: similar position - common law roots, no forced heirship, but local probate adds steps.
- UAE and other civil-law non-EU states: Sharia-based succession in many cases for Muslim heirs; UAE has introduced "DIFC wills" for non-Muslim expats to use common-law-style succession.
- India, Pakistan, Bangladesh: complex; personal-law systems based on religion. Take local advice if you own property there.
The headline: for any country where you own real estate, get local legal advice. The few hundred pounds spent on local input is trivial compared to the cost of getting cross-border succession wrong.
Probate across borders
Even with a perfect set of wills, the foreign property still has to go through some form of probate in the country where it sits. This usually means:
- Apostilled or otherwise legalised copies of the English grant of probate
- Sworn translations of the relevant documents
- A local probate equivalent (e.g. Spanish "declaración de herederos", French "attestation immobilière notariée")
- A local agent (a Spanish gestor, a French notaire, a US probate attorney) to process the local steps
Expect the foreign-property side of probate to add 3-9 months to the overall timeline and to cost several thousand pounds in local fees. Build this into the conversation you have with your executors - and consider whether keeping the foreign property is the right call long term.
Frequently asked questions
I have a UK will. Does it cover my Spanish apartment?
It covers it in the sense that you've expressed wishes about it - but Spanish law decides whether those wishes are followed. Without a Brussels IV election or a Spanish-law will, Spanish forced heirship rules may reserve a share of the apartment for your children regardless of what the UK will says.
What's the Brussels IV election clause look like?
Typical wording: "I declare under Article 22 of EU Regulation 650/2012 that the law of England and Wales shall govern the succession to my entire estate." The clause should appear clearly in the will and ideally be flagged by a side note. A solicitor with cross-border experience can draft it.
Do I need a Spanish will if I have a Spanish villa?
It's almost always sensible. Even with a Brussels IV election, a Spanish will (in Spanish, signed before a notary) makes Spanish probate much faster and cheaper. The Spanish will should be limited to Spanish-located assets and should not revoke the English will.
What about timeshares?
Timeshares are usually contractual rights rather than real property, so they often pass under the law of the contract or under the deceased's domicile law. Some timeshares are structured as fractional property ownership and behave like real estate. Check the timeshare documentation.
Does dual nationality change anything?
It can. Under Brussels IV you can elect the law of "a" nationality - so a UK/French dual national in the UK could elect either English or French law. Take advice from a solicitor with cross-border experience for any dual-nationality estate.
What if I rent property abroad rather than own it?
Then there's no foreign real property in your estate. Rented property reverts to the landlord on your death; any deposit becomes part of your movable estate (governed by the law of your domicile). Your English will alone is fine.
Does Brexit affect any of this?
For property within the EU, Brussels IV still applies because it's a rule of the country where the property sits - not a UK rule. UK probate of EU property has become slightly more administratively burdensome since Brexit (translations, apostilles, sometimes additional local steps), but the underlying succession-law rules are unchanged.
Trusted Hands is a UK will-writing service, not a firm of solicitors and not qualified to advise on foreign succession law. For any property held outside England and Wales, we strongly recommend taking local legal advice in addition to your English will. Our builder flags overseas assets so you can plan around them before signing.
Get your UK will sorted first
Whatever happens with your foreign property, you still need a clear, valid English will for your UK assets. Trusted Hands handles the UK side:
- From £49 for a single will
- Smart Will Engine flags overseas assets automatically
- Free Executor Pack included
- Annual updates available