In today’s globalised world, it’s increasingly common for individuals to own assets in multiple jurisdictions. From real estate in Australia to investment accounts in the UK or a holiday home in Europe, a global footprint often necessitates tailored legal arrangements. One of the most common solutions is drafting multiple wills in different countries, each addressing assets in a specific jurisdiction.
While this approach offers flexibility and compliance with local laws, it also introduces the risk of inconsistencies, legal conflicts, and disputes among beneficiaries. Understanding how to manage multiple wills across international borders is essential to ensure that the deceased’s final wishes are honoured while avoiding time-consuming and costly legal complications.
Understanding Multiple Wills in Different Countries
A multiple wills in different countries strategy typically involves preparing separate testamentary documents—each addressing the laws and assets of a particular country. This is often done to satisfy the legal requirements unique to each jurisdiction, especially when local law governs property succession, inheritance tax, or will execution formalities.
For example, in countries like France or Germany, forced heirship laws might require specific provisions for children or spouses, while in Australia or the UK, testamentary freedom gives the testator more discretion. A will drafted in accordance with one country’s laws may not be legally effective or recognised in another, prompting individuals to create separate, country-specific wills.
However, if not drafted with care and proper legal coordination, multiple wills in different countries can:
- Accidentally revoke or override one another;
- Contain conflicting terms;
- Lead to multiple claims on the same assets;
- Complicate the probate process across jurisdictions.
Common Causes of Disputes Over Multiple Wills in Different Countries
Disputes over multiple wills in different countries are more common than one might expect. These disagreements can significantly delay estate administration and sometimes fracture family relationships. Below are the most common causes of such disputes:
1. Lack of Clear Revocation Clauses
Each will should clearly state whether it revokes all previous wills or applies only to assets in a certain jurisdiction. Failure to include such clauses can result in courts treating multiple wills as concurrently valid, leading to overlapping authority or confusion.
2. Inconsistent Provisions
Contradictory statements between wills—such as different distributions of the same assets—can raise questions about the testator's true intent. Courts may need to investigate which will reflect the accurate wishes of the deceased.
3. Jurisdictional Conflicts
Each country has unique laws regarding inheritance, succession, and estate taxation. For example, the definition of "next of kin" or rules around spousal rights can differ significantly. These legal discrepancies can complicate the enforcement of multiple wills in different countries.
4. Improper Execution
Each jurisdiction typically mandates its own formalities for valid will execution—such as the number of witnesses, notarization, or the testator’s signature. If a will doesn’t meet the requirements of the country where the assets are located, it may be deemed invalid.
Determining Which Will Is Valid Internationally
When multiple wills exist, courts may be called upon to determine which document is legally valid. The validity of multiple wills in different countries depends on several critical factors:
Date of Execution
Generally, the most recent will takes precedence, but only if it was validly executed and doesn’t unintentionally revoke or conflict with earlier wills.
Compliance with Legal Formalities
Each will must comply with the laws of the jurisdiction in which it is intended to operate. A will executed in Australia may not meet the legal standards required for a property located in Italy or Japan, for instance.
Clear Revocation Statements
A well-drafted will should explicitly state whether it revokes earlier wills, or clarify that it operates only in relation to assets in a specific country.
Testamentary Capacity
Courts also consider whether the testator had the mental capacity to create the will at the time of signing. This becomes more complex when multiple wills in different countries were drafted at different times, especially if the testator’s health was declining.
The Testator’s Domicile and the Location of Assets
Courts often examine the deceased’s country of domicile (permanent residence), as this can influence how cross-border inheritance laws are applied. The physical location of the assets (e.g., land, bank accounts) also plays a significant role in determining which will govern.
Resolving Conflicting Wills in Different Jurisdictions
When disputes arise due to multiple wills in different countries, the estate administration process can become legally complex and emotionally taxing. Resolving such disputes usually involves the following steps:
1. Gathering All Relevant Wills
The first step is to locate and compile all versions of the deceased’s wills. This includes those stored with legal professionals, in safety deposit boxes, or lodged with courts in other countries.
2. Legal Review and Expert Consultation
Engaging solicitors who specialise in international estate planning and probate law is crucial. They can assess the validity of each will under the relevant legal systems and identify any conflicts or issues with execution.
3. Initiating Probate in Multiple Jurisdictions
It may be necessary to apply for probate in more than one country, especially if the estate includes immovable property such as real estate. This can mean navigating multiple court systems, each with its own procedures and timelines.
4. Attempting Mediation
Mediation can offer a faster and more amicable solution than litigation. It provides an opportunity for beneficiaries and executors to come to an agreement under the guidance of a neutral party.
5. Litigation Where Necessary
If conflicts cannot be resolved informally, parties may resort to litigation. This can involve court hearings in one or more jurisdictions and may significantly delay estate administration and increase legal costs.
Best Practices to Avoid Disputes from Multiple Wills in Different Countries
To prevent legal issues when creating multiple wills in different countries, careful planning is essential. Below are key strategies:
Work with Cross-Border Legal Experts
Choose estate planning lawyers with experience in international succession law. They understand how to draft coordinated wills that comply with the specific requirements of each country involved.
Coordinate Jurisdiction-Specific Wills
Ensure each will is clearly confined to a particular country’s jurisdiction and that they do not inadvertently override each other. Phrases such as “This will applies only to assets located in [Country]” can be helpful.
Use Consistent Terminology
Uniform language across multiple wills helps reduce the risk of contradictions or misinterpretation.
Communicate With Executors and Beneficiaries
Having open conversations with executors and beneficiaries about your estate plans can help avoid surprises and reduce the chance of disputes.
Periodically Review Your Wills
Life events such as marriage, divorce, relocation, or acquiring foreign assets may require you to update your wills. Regular reviews with legal professionals ensure your documents remain effective and aligned.
Conclusion
Dealing with multiple wills in different countries is a complex yet necessary task for many international individuals. While it may seem easier to draft wills independently in each country, uncoordinated documents can trigger confusion, legal battles, and family discord after death.
By working with international estate planning experts, clearly defining the scope of each will, and proactively communicating with your family, you can ensure that your final wishes are honored—no matter where your assets are located.
If you're facing legal issues related to multiple wills in different countries, Legal Finda is here to support you. Our team of experienced legal professionals specialises in resolving international estate disputes and coordinating cross-border legal matters. We’ll guide you through the probate process, clarify conflicting wills, and ensure your loved one’s legacy is protected.
