How to plan a will when you own property in more than one country: one will versus local wills, conflicts, translations, registers, reserved shares and the UAE.
Owners of property in two or three countries often ask the same thing: is one will enough, or does every country need its own? There is no single answer. It depends on where you live, where the assets are and whether those countries recognise a foreign will. This article lists the main risks and questions to take to a lawyer. It is general information, not legal advice.
Start with the law that governs the estate
Inside most of the EU, Regulation 650/2012 points to one law for the entire estate: by default the law of your habitual residence, or the law of your nationality if you chose it in your will (see inheritance of property abroad under the EU Succession Regulation). Denmark and Ireland are outside it. This makes a single EU-wide will more workable than before, but it does not remove local formalities, and it does not bind non-EU countries.
One will or separate local wills
One will for everything is simple and avoids contradictions, but a foreign will may need to be translated, legalised and accepted by a local court or registry. Separate local wills can be recognised faster in the place where the property stands, but they carry a real risk: a later will can revoke an earlier one, in whole or in part, without anyone intending it.
Typical risks:
- Conflicting wills. A new local will with a general revocation clause can cancel your earlier foreign will for assets in all countries. Each local will should state clearly which assets it covers and that it does not revoke other wills.
- Different forms. Some countries accept a handwritten will, others require a notary or witnesses. Check the form of each country.
- Different languages. Poor translation of legal terms can change the meaning. Use sworn or notarised translations and keep the original and the translation together.
- Different heirs or shares in different wills for the same family, which leads to disputes.
A common solution is a coordinated set: lawyers in each country draft wills together, each limited to the assets in its country, with a clause that preserves the others. Whether this suits you depends on the countries involved.
Registers of wills
Several countries keep registers of wills, which makes it possible for heirs to find a will after death. EU states are connected through a network of registers (see the e-Justice portal), but participation and access rules vary, and registration is often voluntary. Tell at least one trusted person where each will is kept, and keep a simple list of assets, accounts and local lawyers for your heirs.
Reserved shares (forced heirship)
Many civil-law countries protect close relatives with a reserved share that a will cannot override. Whether it applies to a property depends on the law governing the estate, and for non-EU property on the local rules. Do not assume that a will can leave a flat entirely to one person. A lawyer should check the rules of the governing law and of the country where the property is located.
UAE and the Dubai non-Muslim will option
In the UAE, inheritance rules depend on religion and on the emirate's courts. Without a valid will, a non-Muslim foreigner's estate could fall under local rules that may not match your wishes. A route often used by non-Muslim owners in Dubai is registering a will with the DIFC Courts' Wills and Probate Registry, which, as reported by the press, accepts wills in English from non-Muslim residents and non-residents who own assets in Dubai, and issues an order that is enforceable by the Dubai courts. Reported details such as the minimum age of 21, a fee of roughly AED 10,000 and coverage of property, bank accounts and company shares come from news articles, not from the registry's current fee list, so check the DIFC Courts website before relying on them. Other routes exist for non-Muslims in the UAE (for example in Abu Dhabi), and the federal personal status rules for non-Muslims changed in recent years. We have not verified every route, so ask a UAE lawyer which one fits you. Official site: DIFC Courts.
Thailand and Turkey
Thailand: foreigners face limits on owning land, and condominium units are subject to a foreign ownership quota. The heir's right to hold the asset depends on Thai rules, so a lawyer in Thailand should confirm the position. Thai wills have specific formal requirements. We have not checked them in detail.
Turkey: Turkish law has reserved shares for close relatives, and the land registry follows local procedure. A court-issued inheritance certificate is typically needed. Whether a foreign will is recognised for Turkish property should be checked with a local lawyer. This too has not been verified in detail for this article.
Practical checklist
Before signing anything, list every property, account and company interest in each country, note who owns it and in what form, and give the list to the lawyers drafting the wills. Ask each lawyer to state in writing which law governs the will and which assets it covers. Review the set of wills after a move, a marriage, a divorce, a birth or a purchase in a new country, because any of these can change the result.
FAQ
Is one will for all countries enough? Sometimes in the EU, but often a local will or at least local recognition steps are needed. Ask a lawyer in each country.
Can a new will cancel the old one by accident? Yes, if it contains a general revocation clause. Always limit each will to specific assets and say so.
Do I need notarised translations? Often yes, when a will is used in another country. The requirements differ, so ask the local registry or notary which kind they accept.
Can I leave my flat to anyone I choose? Not necessarily. Reserved shares for close relatives may limit your freedom.
Is a DIFC will valid outside Dubai? Reportedly it covers Dubai assets. Do not use it for property elsewhere without advice.
What if I own property through a company? Then the shares, not the property, are inherited, and company law and the articles matter. See also total cost of ownership abroad.
How we help
We are a trilingual platform that finds properties abroad and coordinates independent local lawyers and tax advisers. This text is informational and is not legal, tax or investment advice; rules change and each estate is different, so verify current rules with a qualified lawyer in each country involved.