It’s surprisingly common that people who own a home in another country don’t tell their solicitor about it when they make a Will. They assume their heirs can just inherit it along with the rest of their estate.
Alternatively, they include the property in their Will in Scotland or England and Wales, but don’t realise they also need a Will in the local country.
In both of these scenarios, you’re exposing your heirs and executors to serious potential legal problems; in some cases, local rules could prevent your property going to your chosen heirs.
Property in the EU
The general rule in the EU is that the inheritance laws of the country where your property is situated will apply to your foreign home. For instance, even if you’re domiciled in Scotland, your holiday home in France or Spain is governed by the law of France or Spain.
However you do have the option to make a foreign Will saying you want the law of your nationality to apply to your estate. For example, if you’re Scottish and move permanently to France, you can still leave your French home according to Scottish law, without having to follow French ‘forced heirship’ laws.
That’s all due to an EU Regulation which aims to make the different laws of succession more consistent across the EU, and it will apply to British-owned property in the EU even after Brexit.
The important point is that whichever country’s law you want to apply to your property, you need a local Will specifying what you want, and this should be done with a local lawyer who knows what’s required. On your death, your executors will also have to apply for probate locally.
Property outside the EU
Elsewhere in the world, there’s no hard and fast rule about inheritance and succession. It will depend on the system in the specific country and whether there are agreements in place with the UK. Again, you will need a local Will and a local lawyer to tell you your options.
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