Originally published: February 19, 2015 | Last updated: January 29, 2026
TL;DR: With 13 million Brits living abroad and many still owning UK property, creating a valid UK Will from overseas is a common challenge. The European Succession Regulation (Brussels IV), which took effect on August 17, 2015, aimed to simplify cross-border estate planning but the UK opted out ; meaning UK assets must still be covered by a Will under English law. At ExpatLegalWills.com, you can prepare your UK Will in about 20 minutes from anywhere in the world for £24.95.
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 law which decides inheritance distribution follows the regulations of the state where the person died after living there as their primary home. The deceased person has the right to select their nationality’s legal system which will govern their estate distribution. People who possess multiple citizenships must select one of their nationalities to represent them. The person needs to declare this decision directly within their last will and testament.
- However, there is a critical caveat: the UK opted out of Brussels IV, along with Denmark and Ireland. The process of transferring British assets which include English land follows English legal rules no matter where British expatriates choose to live. A UK Will under English law remains essential for UK-based assets.
- 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
The Brussels IV regulation has created more difficulties for people because it made an already difficult situation more confusing. UK expats who live in Europe should understand that British law controls their British assets because the UK government removed itself from French and Spanish inheritance laws.
What Is the Correct Approach for UK Expats?
The guidance remains unchanged after Brussels IV implementation.
- Create your UK Will under English law which should focus on managing your UK-based assets
Create an independent Will under your home country’s laws to handle all assets which exist inside your home country
The Wills need to stay free from any conflicting provisions which should declare their power reaches only to assets inside their designated territory while preserving the validity of the other Will - The guidance shows the same principles which apply to British citizens who live in Dubai and Canadian citizens who reside in Florida and American citizens who move to Mexico.
- 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?
ExpatLegalWills.com enables users to create UK, Canadian, and US Wills through a 20-minute process which costs £24.95 / $34.95. Features include:
- The service operates as a complete interactive system which answers your questions about specific legal domains. The Wills function together with other Wills which people have written in different countries. Users can access their Will through login credentials to make updates whenever they need. Users need to download and print the document before signing it from any location across the world. The service meets all requirements which English and Welsh law establishes for legal compliance.
- 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 enables people to create their UK Will from any place they choose. Once you finish the document you need to download it before printing and signing it with two witnesses present. Witnesses do not need to be UK residents or nationals.
How many Brits live abroad and might need this service?
British nationals live abroad in numbers between 4.6 million and 13 million while Australia serves as their main destination with 1.4 million residents. 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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