Originally published: February 19, 2015 | Last updated: January 18, 2026
How Does the European Succession Regulation (Brussels IV) Affect UK Wills?
The European Succession Regulation No. 650/2012 (commonly called “Brussels IV”) came into force on August 17, 2015 and attempted to resolve conflicts between different EU countries’ inheritance laws. Its key clauses include:
- The default law governing succession is that of the state where the deceased was “habitually resident”
- The deceased may choose the law of their nationality to apply instead
- If a person holds multiple nationalities, they may choose any one of them
- This choice must be made expressly in a Will
However, there is a critical caveat: the UK opted out of Brussels IV, along with Denmark and Ireland. This means that UK assets — particularly English land — still pass in accordance with English law regardless of where the expat lives. A UK Will under English law remains essential for UK-based assets.
Key Takeaway
Brussels IV has added confusion to an already complicated situation. UK expats in Europe should not assume they can use a French or Spanish Will to cover UK assets — the UK opt-out means English law still governs UK property and assets.
What Is the Correct Approach for UK Expats?
Regardless of Brussels IV, the advice remains the same:
- Write a UK Will under English law that deals exclusively with your UK assets
- Write a separate Will in your country of residence for assets held there
- Ensure the Wills do not conflict — each must state it covers only assets in its respective jurisdiction and must not revoke the other
This advice applies equally whether you are a Brit in Dubai, a Canadian in Florida, or an American in Mexico.
How Does ExpatLegalWills.com Help?
At ExpatLegalWills.com, you can prepare UK, Canadian, and US Wills in about 20 minutes for £24.95 / $34.95. Features include:
- Fully interactive service that guides you through jurisdiction-specific questions
- Wills designed to work alongside Wills written in other countries
- Ability to log in and update your Will at any time
- Download, print, and sign from anywhere in the world
- Complies fully with English and Welsh law
Frequently Asked Questions
Can I use a French Will to cover my UK assets under Brussels IV?
No. The UK opted out of the European Succession Regulation (Brussels IV). UK assets — especially English land — must be covered by a Will written under English and Welsh law.
Do I need to return to the UK to create or sign my UK Will?
No. ExpatLegalWills.com allows you to create your UK Will from any location. Once completed, download, print, and sign it in the presence of two witnesses. Witnesses do not need to be UK residents or nationals.
How many Brits live abroad and might need this service?
An estimated 4.6 million to 13 million British nationals live overseas, with Australia being the top destination (1.4 million). Many of these expats still own property or hold assets in the UK.
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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