Is having a Will for each country where you have assets a good idea?

We are increasingly “internationally mobile” in the modern world. That means it is not unusual for someone living in Scotland to own assets abroad.

It could be a holiday home in Spain or assets in an offshore trust. You may have moved to Scotland from abroad but suddenly inherit assets from relatives in your native country.

There are many reasons why you might have assets in two (or more) countries and therefore it may be advisable to have Wills in all applicable countries.

One complication you will definitely want to avoid is to ensure that when making or updating a Will in one country, you do not inadvertently revoke or invalidate the Will in the other country.

Why might two Wills be useful?

In Scotland, you cannot disinherit your children. They are legally entitled to one third of your estate (if you have a spouse or civil partner) regardless of what you write in your Will.

But what if the law in the second county says children are entitled to two thirds of the estate? What if you have two children, one with a partner from Scotland and other from an earlier relationship in the second country?

Having Wills in both countries drafted in a way that complement each other can make distributing your estate quicker and more straightforward.

Another reason is that with two Wills, you can administer the estate in both countries at the same time, rather than wait for one Will to help facilitate the administration of the estate in the second country.

What if there is only one Will?

You do not need a Will in every country where you have assets. If you only have a Will in Scotland, your executor can obtain Confirmation to your estate. Confirmation is a legal document issued by the court giving the executor authority to manage your estate and distribute money, property, and other assets according to the Will and the law. Confirmation will usually be recognised in the second country to give the executor power of the assets located there. However, there is usually a separate process required to give that Confirmation authority in the second country.

If you only have a Scottish Will, your executor will have to take advice on the laws in the second country and distribute the assets accordingly. Your Scottish Will may come into conflict with the law of succession of the second country. Without a second Will, this means the process of ingathering and distributing your estate will take longer.

I’m dealing with a relative’s estate where there are two Wills – can you help?

Of course. Where there are two Wills, an executor will be nominated in each. They might be the same person, or they could be different people.

The beneficiaries may also be different depending on the assets and the testator’s wishes when dealing with the assets in the different countries.

Can you help me draft Wills in other countries?

We have a wealth of experience of advising clients on Wills in Scotland. Where we don’t have direct experience in a particular country, we have professional networks we can use to help you obtain the best advice to meet your needs.

Please get in touch discuss how we can help you deal with your assets, property, and investments in different countries in your Will.