International Wills and Cross-Border Inheritance: What UK Families Need to Know

If your family has connections to more than one country, dealing with an inheritance can mean navigating multiple legal systems. Perhaps the person who died was born overseas, held property abroad, or had dual nationality. These situations are common, particularly in diaspora communities, and the legal issues they raise are genuinely complex. Specialist solicitors can handle cross-border inheritance disputes on a no win no fee basis.

The Starting Point: What Is “Domicile” and Why Does It Matter?

When someone dies, the first question in any cross-border inheritance is: which country’s law governs the estate?

The answer depends on a legal concept called “domicile.” Your domicile is, broadly, the country that the law treats as your permanent home. It determines which country’s succession law applies to your movable property: money, investments, shares, bank accounts, and personal belongings.

Crucially, domicile is not the same as nationality, residence, or where you pay tax. A person can live in England for decades, pay UK tax, vote in UK elections, and still be domiciled in another country.

The Three Types of Domicile

• Domicile of origin. Acquired at birth, from your father (or mother, if your parents were not married). It never truly disappears.
• Domicile of choice. Acquired by living in a country with the genuine intention of remaining permanently. Both physical presence and settled intention are needed.
• Domicile of dependency. Children under 16 follow the domicile of their parent.

A domicile of origin is extraordinarily “sticky.” If a person gives up a domicile of choice — for example, by forming an intention to return to their country of origin — the domicile of origin immediately revives. This principle has been settled law since Udny v Udny (1869).

The burden of proof falls on whoever says the domicile has changed, and the courts set the bar high. In Agulian v Cyganik [2006], a man had lived in England for 48 years, but the court held he never lost his domicile of origin because he had always intended to return home.

Why This Matters in Practice

If your parent emigrated to England from India, Philippines, Pakistan, Jamaica, Nigeria, or anywhere else, and they have now died, a central question will be: did they acquire an English domicile of choice, or did they remain domiciled in their country of origin? The answer determines which country’s succession law applies to their bank accounts, investments, and personal possessions.

This is one of the most commonly disputed issues in cross-border inheritance cases.

Movable Property vs Immovable Property: Different Rules Apply

The law usually draws a sharp distinction between two categories of assets.

Movable property (money, investments, personal belongings) is governed by the law of the deceased’s domicile.

Immovable property (land and buildings) is governed by the law of the country where the property is physically located. This is known as the lex situs rule. It applies regardless of where the deceased was domiciled.

So if a person was domiciled in England but owned an apartment in France, English succession law would apply to their bank accounts, but French law would apply to the apartment. The two systems may produce very different results, especially when it comes to forced heirship.

Forced Heirship: When Foreign Law Overrides the Will

England has a tradition of “testamentary freedom” – you can, in principle, leave your estate to whoever you wish (subject to Inheritance Act claims and so on). But many other countries do not share this approach.

In France, Spain, and much of continental Europe, the law reserves a fixed share of the estate for certain family members: typically children and surviving spouses. These are called forced heirship rules, and they cannot be overridden by the terms of a Will. Similar rules exist in many Islamic jurisdictions, in India, and across much of the world.

This can create a direct conflict. A Will drawn up in England may say one thing, but the law of the country where property is located may require something different. The foreign forced heirship rules could prevail for assets in that country.

The Brussels IV Regulation

The EU Succession Regulation (known as Brussels IV) allows people domiciled in an EU member state to elect the law of their nationality to govern their succession. The UK is not a member state, so Brussels IV does not directly apply here. But it can still affect UK nationals who own property in EU countries – for example, a British citizen who owns property in Spain may be able to elect English law under Brussels IV, potentially avoiding Spanish forced heirship rules.

Common Scenarios

A parent who emigrated decades ago. Your father came to England from Pakistan in the 1960s and lived here for 50 years. He owned a house in England and land in Pakistan. Is he domiciled in England or Pakistan? If he always spoke of returning, kept strong ties to his home village, and never fully committed to staying permanently, the courts may find he remained domiciled in Pakistan, even after half a century in England.

A Will that does not comply with English formalities. A relative made a Will in a country that was valid under local law but does not meet English formal requirements. Whether it can be used for English assets depends on the Wills Act 1963, which allows a Will to be treated as formally valid if it complies with the law of the place where it was made, or the law of the deceased’s domicile, among other connecting factors.

Forced heirship vs English testamentary freedom. A father domiciled in an Islamic jurisdiction leaves everything to his eldest son by Will. His daughters may have a claim under forced heirship rules in that jurisdiction, regardless of what the Will says. Conversely, a mother domiciled in France cannot simply disinherit her children, as French law will reserve a portion for them.

Property in multiple countries. The deceased owned a house in England, a flat in Spain, and bank accounts in both countries. Each asset may be governed by a different country’s law. Multiple grants of probate may be needed, and the two legal systems may impose conflicting obligations on the executors.

The Inheritance Act 1975: Does It Apply?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain family members and dependants to claim reasonable financial provision from an estate. But it only applies if the deceased died domiciled in England and Wales.

This is set out in section 1 of the Act, and the courts enforce it strictly. If the deceased was domiciled in another country, even if the estate includes substantial English property, you generally cannot bring a claim under the 1975 Act.

The domicile question is therefore not merely academic. It can determine whether a spouse or child has any right to claim against the estate under English law.

Renvoi: The Circular Reference Problem

One further complexity. When English law says succession is governed by the law of the deceased’s domicile, does it mean that country’s domestic succession law, or its entire legal system, including its own rules about which country’s law should apply?

If the foreign country’s rules point back to English law, you get a circular reference. This is called renvoi, and English law does apply renvoi in succession cases. Resolving the applicable law can require detailed analysis of both English and foreign conflict-of-laws rules.

Practical Steps

Get specialist advice early. The interaction between different legal systems is one of the most complex areas of succession law. General practitioners may not have the expertise to navigate it.

Consider whether domicile is likely to be disputed. If the deceased had strong ties to more than one country, domicile will almost certainly be contested. Gather evidence early: correspondence, travel records, property ownership, family connections — anything showing where the deceased considered their permanent home.

Be aware that multiple Wills may be needed. It is often advisable for people with assets in more than one country to have a separate Will for each jurisdiction. If the deceased did not do this, the position may be more complicated.

Act quickly. Time limits differ between countries. The six-month deadline for Inheritance Act claims in England and Wales is strict, and deadlines in other jurisdictions may be even shorter.

Get No Win No Fee Help With a Cross-Border Dispute

Cross-border inheritance disputes require solicitors who understand how different legal systems interact and can coordinate with lawyers in other jurisdictions. If you are dealing with an inheritance that crosses national boundaries, or a dispute about domicile, we can help you find the right specialist.

At C-PAID, we offer a free initial consultation and can put you in touch with specialist contentious probate solicitors who may be able to handle cross-border inheritance disputes on a genuine No Win No Fee basis. There are no upfront fees and no charge for the initial review of your enquiry.

Contact us today for a free, no-obligation discussion of your circumstances.

This article is for general information only and does not constitute legal advice. Every case depends on its own facts. C-PAID does not provide legal advice. We help connect people with specialist contentious probate solicitors.