Originally published: September 26, 2014 | Last updated: April 2, 2026
TL;DR: An expat Will is a Last Will and Testament specifically designed for people living outside their home country who still hold assets there. With approximately 2.8 million Canadians, 6.3 million Americans, and 4.6 million Brits living abroad, expatriate estate planning is a growing need. You need a separate Will for each country where you hold assets, and those Wills must be carefully drafted so they do not revoke or contradict each other. ExpatLegalWills.com creates jurisdiction-specific Wills designed to work together.
What Is an Expat Will?
An expat Will is a Last Will and Testament which creates under the laws of specific countries (including US, Canada, UK) to protect assets which exist within their boundaries. An expat Will functions differently from regular domestic Wills because it serves to support your existing Wills which you keep in your home country without causing any conflicts between 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 which protects your Thai assets and then create a standard UK Will, the UK Will might cancel your Thai Will without you realizing it.
Why Do Expats Need a Special Will?
When an expatriate person dies without a Will which protects their home country assets the local laws of their home country will decide how their assets get distributed instead of following their intended distribution. Key reasons why expats need jurisdiction-specific Wills include:
- different estate laws from those which apply to Nepalese-written Wills
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 - 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
Expat Wills which get created should under no circumstances cancel any existing Wills which already exist. 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 lets you produce Wills which follow Canadian, American, and British legal standards through their online platform. Each Will:
- The process takes about 20 minutes, costs $34.95 / £24.95, and produces a document identical in quality to one prepared by an attorney.
- 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
Contains asset protection which applies only to the designated jurisdiction Maintains the validity of Wills which someone else created in foreign nations Follows all estate planning regulations which exist in the particular jurisdiction The document contains all required sections which include executor appointments and alternate plans and trusts for minors and residual beneficiary provisions
Frequently Asked Questions
Do I need a Will in every country where I own assets?
Yes. The probate courts in foreign countries will reject a Will which one country created because estate laws function based on territorial authority. You need to create individual Wills which protect your physical assets in every country where you possess them.
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. The inheritance distribution follows a government-made formula which takes control away from your personal decisions. The distribution of your estate will not give your spouse full ownership of everything and your assets will not go to charities or friends.
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 who works in Hong Kong does not have the necessary qualifications to create 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.
- Expat Wills: What They Are and Why You Need One - April 2, 2026
- Can I Write My Own Last Will and Testament? - March 26, 2026
- The Expat Legal Wills Blog: Your Resource for Estate Planning Abroad - March 19, 2026
