Why Your Will Might Not Work as Expected if You Retire Abroad

Almost 250,000 British Nationals emigrated abroad in 2025. Many of these individuals will have emigrated in order to enjoy their retirement overseas. Though there are certainly many benefits to choosing to live out your later years somewhere warmer and decidedly less wet than the UK, it's worth keeping in mind that a move such as this can have an impact on your plans for your estate.

We know it isn't always pleasant to think about what will happen to your assets when you die. However, not considering this before moving overseas could result in a complicated situation for your loved ones later down the line.

How could moving abroad affect plans for your estate?

Many people live and own all their assets within one country. In situations like these, they only need to contend with the succession laws of one jurisdiction.

However, if you are a British national who has chosen to live overseas and/or owns assets in more than one different country, this will no longer be the case. Instead, your estate is likely to be subject to succession laws in multiple different countries. This is what's known as a cross-border or international estate.

The country you are habitually resident in may well have very different succession laws to those we have in England, and this could catch you by surprise.

What would happen to your estate if you were to die whilst living overseas?

If you were to die whilst living overseas, the Will you had put in place for your estate might not function in the way you intended it to.

Depending on which country you had retired to and what that country's legal position on cross-border estates is, it may be that the law in the country you were habitually resident in would apply to at least some of your estate. Many countries determine which jurisdiction will apply to an estate by habitual residence, whilst others (including England and Wales) focus more on legal domicile. In the case of British nationals who have retired overseas, both habitual residence and legal domicile are likely to play a role in what happens to your estate. (You can read more about legal domicile and how it might affect you in our help guide).

When there are rule of law conflicts between two or more countries involved in a cross-border estate, the situation can be very difficult for the personal representatives of that estate to deal with. In some cases, personal representatives might even have to go to court to determine which jurisdiction's succession laws have the right to determine who should inherit from the estate.

Why is this an issue?

In England and Wales, we have testamentary freedom, which largely means that you can leave your assets to anyone you want in your Will, though this is subject to claims under the Inheritance (Provision for Family and Dependants) Act 1975.However, many countries have what are known as 'forced heirship laws'. Under these rules, individuals are not able to choose who their assets are passed down to. Rather, assets simply passed down to the specific individuals that have the right to inherit them by law.

The major concern here for British nationals moving overseas is that they may be moving to one of the many countries worldwide that has forced heirship laws. Popular retirement destinations such as France, Spain, Italy and Cyprus all fall into this category.

If you were to die whilst habitually resident in another country, that country's succession laws could determine who was able to inherit certain parts of your estate. This could mean that the individuals you had chosen to inherit certain assets would not be able to do so, even if you believed you had left very clear instructions regarding this in your Will.

What can you do about this?

If you are planning to retire to a country with forced heirship laws and you don't want your estate to be subject to them, we'd recommend seeking specialist legal advice from a solicitor with expertise in cross-border estates, such as ourselves.

We'll be able to talk you through the situation in detail and advise you on any steps you might be able to take in order to safeguard your estate in this respect.

If the country you are retiring to is part of the EU and is subject to the EU Succession Regulation, you may be able to address this matter by adding a statement in your Will or via a codicil to state that you are choosing to apply the law of your nationality. You can read more about how the EU Succession Regulation might affect your Will and what you can do about it in our help guide.

If your retirement destination is outside of the EU – or is one of the few EU countries where the regulation doesn't apply – there are other precautions you may be able to take to protect the interests of your estate. For example, it might be possible to make separate wills to cover each legal jurisdiction you have a connection with.

Where should you start?

Whatever country you are planning to retire to, we'd recommend seeking legal advice on how your move might affect your estate in the future.

At Roche Legal, we have a great deal of experience with cross-border estates, and we can help you ensure that you've done everything possible to make things as straight-forward as they can be for the loved ones you leave behind.

If you think your Will could be affected by an overseas retirement, why not get in touch to find out how we could support you?

FAQs

Could retiring abroad affect your plans for your estate?

The country you are habitually resident in when you die could have an impact on who is able to inherit certain parts of your estate. This is because many other countries, including popular retirement destinations, have what's known as forced heirship laws. This means that they would be able to determine who would inherit certain assets, such as overseas property.

What are forced heirship rules?

In England and Wales we have what's known as testamentary freedom, which means that – broadly speaking – you can bequeath your assets to whoever you choose. This is actually quite unusual. Many countries have more prescriptive succession rules that dictate exactly who has the right to inherit from an estate. This type of rules are called forced heirship rules.

Could your Will be subject to forced heirship rules if you spend your retirement overseas?

Many of the countries that are popular with British expats in retirement have forced heirship rules, including France, Spain, Italy and Cyprus. Habitual residence in these countries could mean that at least part of your estate will automatically be subject to their succession laws. However, depending on the country in question, there may be legal steps you can take to avoid this.

Does the EU Succession Regulation affect your Will if you live in the EU?

The UK is not and has never been directly subject to the EU Succession Regulation, not even before we left the EU in 2020. However, some UK nationals could still find that their Will is affected by the regulation. This could be the case for you if you are habitually resident in or own property or other assets in a country where the EU Succession Regulation does apply.