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 that home in their Will in Scotland, but don’t realise they may also need a Will in the country where that home is located.
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 foreign home 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 may 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 is still likely to 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 foreign property, you may need a local Will specifying your wishes, and you should seek advice from 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 advice from a local lawyer to tell you your options.
