Cross-border Wills: What every global family needs to know

In an increasingly globalised world, wealth and family life often span multiple countries. Whether it's a holiday home in France, or children living in New York, one can face unique challenges when it comes to estate planning. A standard UK Will may not be enough and that’s where expert cross-border advice comes in.

Why cross-border planning matters

Many families assume that one Will made in the UK can cover all their global assets. Unfortunately, that’s rarely the case as different countries can have different rules on:

• the recognition of foreign wills;
• who can inherit (forced heirship);
• inheritance tax; and
• succession and probate procedures.

Without proper planning, your estate administration could face delays, disputes, and unnecessary tax exposure.

Key considerations for global families

1. Domicile vs residency

Residency is now the factor which will determine whether HMRC will tax your worldwide assets on your death. 

Domicile is still however an important element to consider during your estate administration as it will determine which succession laws will apply to your estate on your death in the UK (and many other countries around the world).

Therefore understanding both your domicile status and residence status is essential before drafting any Will.

2. Multiple Wills strategy

In many cases, it’s advisable to have separate Wills for assets located in different jurisdictions. These must be carefully coordinated to avoid conflicts or accidental revocation.

3. Forced heirship rules

Countries like France, Spain, and many Middle Eastern jurisdictions impose strict rules on who must inherit. These laws can override your wishes so it essential that your estate is structured appropriately.

4. Tax planning across borders

Inheritance tax, estate tax, and capital gains tax can vary widely. Double taxation treaties may help, but proactive legal structuring, such as trusts or lifetime gifting, is often required.

5. Language and legal systems

Wills may need to comply with local formalities, which may include notarisation, translation, or registration. A UK-drafted Will may not be valid in another country without these steps.

At Stone King we can help with:

• cross-border estate audits to identify risks and opportunities;
• multi-jurisdictional will drafting;
• succession planning including cross border philanthropic legacies; and
• tax-efficient strategies tailored to your global footprint.

Cross-border estate planning isn’t just about avoiding legal pitfalls - it’s about protecting your legacy, honouring your wishes, and ensuring your loved ones are cared for across all borders. With the right legal guidance, global families can achieve clarity, control, and peace of mind. If you’d like advice on your particular circumstances, please get in touch with our Cross-Border Team today.