Concept
When a family's assets are scattered across countries, a single will rarely covers everything correctly. Different jurisdictions take different approaches to will formalities, forced heirship, and probate procedures. The solution is a carefully coordinated set of multiple wills.
🍓 For assets in different countries, it is common to execute a separate will for each jurisdiction, taking care that they do not revoke one another.
Probate: Why It Takes So Long
In common-law countries, estates pass through probate—the official validation of the will and appointment of an executor. Without it, assets (accounts, real estate) remain inaccessible, and the procedure itself can drag on for months or years, especially when a foreign element is involved.
Multiple Wills and Their Trap
Separate wills (one per country) speed up local probate and accommodate local requirements. But here lies a classic mistake: a new will with a blanket revocation clause—"I revoke all previous wills"—can accidentally nullify a will from another country.
⚙️ Each will must expressly limit its revocation clause to assets in its own jurisdiction and acknowledge the existence of "companion" wills. This is work for a coordinating lawyer, not an internet template.
Form and Recognition
The Hague Convention on the Form of Testamentary Dispositions and local rules determine whether a country will recognize a will executed abroad. Notarial and common-law wills operate under different rules; apostille and sworn translation are often mandatory.
What Bypasses Probate
🔗 Related
Asset protection trusts · Succession planning · Applicable law and Brussels IV · Forced heirship · Russian personal and succession funds
Trusts, foundations, joint tenancy with right of survivorship, and designated beneficiaries on policies and accounts allow assets to pass outside probate. The more that transfers through these channels, the lighter the burden on wills.
💡 Trusts and foundations take assets out of probate—see Asset protection trusts.
⚠️ A "universal global will" with a clause revoking all prior wills is a common reason heirs are left without a valid document in one of the countries.
This material is for informational purposes only and does not constitute individual legal advice.
Key factual claims
- In common-law countries, estates pass through probate—the official validation of the will and appointment of an executor.