Do British Expats Still Need a UK Will?

If you have moved from Britain to Canada or the United States, you may be wondering whether your British Will is still relevant — or whether a Will in your new country of residence covers everything. The short answer is that many British expatriates do benefit from having a British Will, alongside any Will they make in North America. The longer answer depends on your assets, your family circumstances, and the jurisdictions involved.

Why a British Will May Still Matter

A Will made in England and Wales deals with your estate under the law of England and Wales. If you still own assets in Britain — a property, a bank account, investments, or even a pension — those assets may need to be dealt with under the British legal system when you die. A British Will makes that process considerably more straightforward for your executors.

Without a British Will, your British assets may fall under the intestacy rules of England and Wales, which determine who inherits when there is no valid Will. These rules may not reflect your wishes, and they can create unnecessary complexity for your family at an already difficult time.

Assets That May Require a British Will

Consider whether you hold any of the following in Britain:

• Property — a home, rental property, or land in England or Wales
• Bank accounts — savings or current accounts with British banks
• Investments — shares, ISAs, or investment portfolios held in the UK
• Pensions — British private or occupational pensions
• Personal possessions — items stored or held in Britain

Even if you have made a Will in Canada or the United States, that Will may not be recognised by British institutions when it comes to dealing with British assets. A separate British Will can ensure those assets pass in accordance with your wishes.

How a British Will and a Canadian Will Work Together

It is common for British expatriates to have two Wills — one dealing with their British assets and one dealing with their assets in their country of residence. This is not unusual, but it requires care:

• The two Wills must not conflict with or accidentally revoke each other
• Each Will should be clear about which assets it covers
• The executors should understand their respective roles
• Tax considerations in both countries should be reviewed

When properly structured, dual Wills can simplify estate administration for your family by ensuring that each set of assets is dealt with efficiently under the appropriate legal system.

What Happens to an Existing British Will After a Move?

A British Will remains valid even after you move abroad. However, certain life changes — marriage, divorce, the birth of children, or acquiring significant assets in a new country — may mean your existing Will no longer reflects your circumstances. It is sensible to review your Will after any major life event and after an international move.

You should also consider whether your British Will interacts correctly with any Will you make in Canada or the United States. Some Wills contain clauses that expressly revoke earlier Wills, which could unintentionally invalidate your British Will if not handled carefully.

Inheritance Tax Considerations

British inheritance tax is based on domicile, not just residence. If your domicile remains British, your worldwide estate may be subject to British inheritance tax. If you have acquired a domicile of choice in another country, the position is more nuanced. The interaction between British domicile rules and the tax rules in your country of residence is an area where professional advice is important.

This article does not constitute tax advice, but it is worth noting that the structuring of your estate — including how your Wills are arranged — can have inheritance tax implications in Britain that should be considered alongside advice from a tax professional.

When to Review Your Estate Planning

If any of the following apply, it may be time to review your arrangements:

• You have moved from Britain to North America and have not reviewed your Will since
• You still own assets in Britain
• You have made a Will in Canada or the United States but not a British Will
• You have experienced a significant life event (marriage, divorce, birth of a child)
• You are unsure whether your existing Wills work together correctly

Getting Help

Paul Martyn Lindsey LLB is a British solicitor based in Calgary, Alberta, advising clients in Canada and the United States on British Wills and estate planning. He can help you understand whether a British Will is appropriate for your circumstances and, where instructed, prepare one that works alongside your North American estate planning.

Make an enquiry to discuss your situation — there is no obligation, and Paul will establish whether he is able to assist.