TLDR: Property Abroad? How Your UK Will Can Cover Your European Home

Yes — a UK Will can deal with a property you own in Europe. Under the EU Succession Regulation, known as Brussels IV, a British national can elect in their Will for the law of their nationality to govern their whole estate, including a home in France, Spain or Italy. Participating EU states apply that choice, and Brexit did not change it.

That election is what disapplies local forced heirship — the rules that otherwise reserve a fixed share of a property for children, whatever your Will says. But it only works if it is made expressly, names the correct UK legal system, and is consistent with any local Will, marriage regime or ownership structure. A Will that never made the election leaves the default in place.

A separate local Will is not always necessary, and two uncoordinated Wills can accidentally revoke each other. Tax is a separate question from succession: local inheritance tax may still apply, alongside UK Inheritance Tax depending on domicile.

If you own property abroad, a Legacy Protection Assessment will confirm whether your Will actually does what you think it does.

Read the full article on our website →

Need to discuss your estate?

Book a free discovery call to learn more about how to protect your assets.


Book a discovery call
Download our FREE Estate
Planning Guide


Client Testimonial

“Having seen John of Legacy Wills present at a property event, it was clear he had both the breadth of knowledge and experience and also the ability to make a very dry subject both understandable and engaging. That’s a tough call when talking about Wills, Trusts and death. John produced Wills and POA’s for myself and my wife in a timely, effective and reasonable manner. I have subsequently recommended him to numerous colleagues and friends to cut out the jargon and challenges surrounding this critical protection, which is too often deferred or neglected.”

Dan Norman