Estate Planning Across Borders
3 Min Read
Why a “Worldwide Will” Can Be a Costly Mistake
In a world where cross‑border connections become the norm, many people now own assets, property, or have family members in several countries.
For these individuals, the idea of a single “worldwide Will” may seem like an efficient solution.
In practice, however, a worldwide Will can create significant legal and administrative challenges. Wills do not often travel smoothly across borders. A Will that is perfectly valid in one country may face delays, challenges, or even rejection elsewhere.
This is largely because countries differ in their requirements for witnessing, execution, notarisation, language, and probate procedures. Their inheritance rules also vary widely.
Delays
Even when a foreign Will is recognised, executors may find it hard to prove its validity or to obtain the authority needed to deal with local assets. This may cause significant delays in administering the estate. Bank accounts may remain frozen, property sales can be postponed, and ongoing expenses – such as insurance, maintenance, service charges, and taxes – continue to accumulate. These expenses do not pause simply because the estate is waiting for probate.
Unintended Revocation
A further risk is unintended revocation. It is common for a person to sign a later Will in another country to cover a recently acquired asset. Standard wording such as “I revoke all previous Wills” can unintentionally revoke an earlier worldwide Will in its entirety. This can create uncertainty, trigger disputes among beneficiaries, or leave parts of the estate to be distributed under intestacy rules.
Forced Heirship
Forced heirship is another frequent point of conflict. Many jurisdictions follow forced heirship regimes, which require fixed portions of an estate to pass to certain family members, while other jurisdictions – such as England or Guernsey – allow broad testamentary freedom. A Will drafted on the assumption of full testamentary freedom can therefore be ineffective, unenforceable, or only partially effective in a country with mandatory inheritance rules. Mandatory inheritance rules will always override full testamentary freedom.
Conflict-of-Laws
Cross-border estates also raise complex conflict-of-laws issues, particularly where different rules apply to movable and immovable property. Real estate is usually governed by the law of its location (lex situs), while other assets may follow the law of the owner’s domicile or habitual residence. As a result, a single estate may therefore be subject to multiple legal systems at once.
The solution
For many individuals, a more practical and reliable approach is to have a primary Will for their main place of residence, supported by separate local Wills for foreign assets. These documents should be carefully drafted to work together – without revoking one another – to ensure efficient administration across all jurisdictions. The objective is straightforward: to make administration faster, easier, and less costly for the people you leave behind. With the right planning, your wishes can be upheld everywhere.
If you’d like to discuss your specific estate planning requirements, please get in touch with Mari Warnich.
This article originally appeared in Issue 46 of Aurigny’s En Voyage magazine.