Originally published: September 26, 2014 | Last updated: December 21, 2025
What Is an Expat Will?
An expat Will is a Last Will and Testament written under the laws of a specific jurisdiction (such as the US, Canada, or UK) that deals exclusively with assets held in that country. Unlike a standard domestic Will, an expat Will is specifically designed to complement other Wills you may have in your country of residence, without revoking or conflicting with them.
This is critical because standard Wills typically begin with a revocation clause stating “I hereby revoke all former wills.” If you have a Will in Thailand covering your Thai assets and then create a standard UK Will, the UK Will could inadvertently cancel your Thai Will.
Why Do Expats Need a Special Will?
If an expatriate dies without a Will covering assets in their home country, those assets are distributed according to the intestacy laws of that jurisdiction — not according to the expat’s wishes. Key reasons why expats need jurisdiction-specific Wills include:
- Different countries have different estate laws — you cannot probate a British Columbia estate using a Will written under Nepalese law
- Two standard Wills can cancel each other out — revocation clauses in one Will may invalidate the other
- Wills must not contradict each other — each Will must clearly state it deals only with assets in a specific jurisdiction
- International Wills are too vague — they do not provide the level of instruction found in a well-drafted local Will
How Many Expats Need This Service?
| Country | Estimated Expats Abroad | Top Destinations |
|---|---|---|
| Canada | 2.8 million (9% of population) | USA (1+ million), UK, Australia |
| United States | 3–6 million | Mexico, Philippines, Israel, Europe |
| United Kingdom | 4.6 million | Australia (1.4 million), Spain, France |
What Are the Key Rules for Expat Wills?
Expat Wills must not cancel other Wills
Most standard Wills contain a revocation clause. An expat Will must be carefully worded so it does not revoke Wills written in other jurisdictions.
Expat Wills must not contradict other Wills
Each Will must clearly state that it deals only with assets held in a particular country. A UK Will should not reference or attempt to distribute assets held in Australia or Canada.
Each Will must comply with local law
A Will covering US assets must comply with the laws of the state where those assets are located. A Will covering UK assets must comply with the laws of England and Wales. Blank form kits typically cannot handle this level of jurisdiction-specific compliance.
Key Takeaway
The golden rule: one Will per country where you hold assets, each drafted to work together without conflicting or revoking the others.
How Does ExpatLegalWills.com Solve This Problem?
The service at ExpatLegalWills.com allows you to create Wills specific to the laws of Canada, the US, or the UK from anywhere in the world. Each Will:
- Deals exclusively with assets in the chosen jurisdiction
- Does not revoke Wills written in other countries
- Complies with the specific estate planning laws of the target jurisdiction
- Includes all essential clauses: executor appointments, alternate plans, trusts for minors, and residual beneficiary provisions
The process takes about 20 minutes, costs $34.95 / £24.95, and produces a document identical in quality to one prepared by an attorney.
Frequently Asked Questions
Do I need a Will in every country where I own assets?
Yes. Estate laws are jurisdiction-specific, and a Will written under one country’s laws will generally not be accepted by probate courts in another country. You should have a separate Will for each country where you hold material assets.
What happens if I die without a Will covering my home-country assets?
Your assets will be distributed according to the intestacy laws of that jurisdiction. This means a government formula — not your wishes — determines who inherits. Your spouse may not automatically receive everything, and no charities or friends will receive anything.
Can I use a local lawyer in my new country to write a Will for my home country?
This is extremely difficult. A lawyer must be licensed to practice in the jurisdiction whose laws govern the Will. A lawyer in Hong Kong is unlikely to be qualified to draft a Canadian Will. ExpatLegalWills.com solves this by providing jurisdiction-specific Wills you can create from anywhere.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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