In an increasingly global world, it is no longer unusual for individuals to own assets in multiple jurisdictions – from UK property and European holiday homes to offshore investments or business interests abroad. With this complexity often comes an equally complex estate plan: multiple Wills designed to deal with assets in different countries.
However, what many people do not realise is that poorly coordinated Wills and/or non-professionally drafted Wills can unintentionally undo each other — with serious consequences for beneficiaries and executors alike. This can result in distress, delays and increased costs at what is already a difficult and emotionally sensitive time for those involved.
The Problem: Unintentional Revocation
A common scenario we encounter in cross-border estate administration is where an individual has:
- A Will in England dealing with UK assets
- A separate Will in another jurisdiction (for example, Spain, France, or the UAE) covering local assets
At first glance, this appears prudent and, in many cases, it is. But difficulty arises when one of those Wills includes a standard revocation clause, such as:
“I revoke all former Wills and testamentary dispositions.”
If that clause is not carefully limited, it can revoke all prior Wills globally, including the one(s) intended to deal with assets in other jurisdictions.
I recently worked on an estate where the deceased had strong connections to both England and Israel, with assets in each jurisdiction. A professional drafted English Will was limited to English assets but a later handmade Will was not limited and would appear to revoke the earlier English Will. The beneficiaries of each Will are different to each other, and it is pretty clear from the testator’s pattern of Will-making and life choices that she intended her English assets to pass to her English family and her Israeli assets to pass to her Israeli friends.
We are now coordinating advice with Israeli lawyers to:
- Analyse the validity and scope of the revocation clause under both legal systems
- Establish how each jurisdiction would treat the competing Wills
- Guide the executors toward a defensible and pragmatic administration strategy
- Reduce the risk of dispute escalation between competing beneficiaries
This case is a clear example of how easily intentions can be undermined — not by poor planning, but by uncoordinated drafting.
The Consequences
The unintended revocation of a Will can create significant legal and practical complications for both beneficiaries and those responsible for administering the estate. One of the most immediate consequences is that individuals named in the revoked Will may lose their entitlement altogether, particularly if an earlier Will or the rules of intestacy ultimately determine how the estate is distributed.
It can also lead to succession outcomes that do not reflect the deceased’s overall intentions. This is especially problematic in international estate planning scenarios, where an earlier Will may have been drafted solely to deal with assets in a particular jurisdiction rather than the individual’s worldwide estate.
From an administrative perspective, uncertainty over which Will is valid can cause substantial delays and additional expense. Executors may be forced to seek legal advice in multiple jurisdictions to establish the deceased’s intentions and determine which documents should govern the distribution of assets, slowing the progress of the estate administration process.
Such situations can also increase the risk of disputes. Beneficiaries who expected to inherit under a later Will may challenge the position if they find themselves excluded, potentially leading to contentious, time-consuming and costly litigation for all involved.
Why This Happens
In most cases, the issue stems from a lack of coordination between advisors in different jurisdictions. Each Will may be perfectly valid in isolation. But without a holistic view of the global estate, unintended consequences arise. In some European jurisdictions, individuals may also have the option to elect the law of their nationality to govern their estate. While this can provide helpful consistency, it adds another layer of complexity if it is not aligned with the structure and wording of all Wills in place.
Differences in legal systems, succession rules, and drafting conventions only increase the risk.
Professional advisers and executors should seek specialist advice as soon as concerns arise regarding the validity or interaction of multiple Wills. Determining which document takes effect can require a detailed review of revocation clauses, governing law provisions, the order in which the Wills were executed and the legal requirements of each relevant jurisdiction.
Where assets are held in more than one country, coordinated advice across jurisdictions is often essential. This can help ensure a consistent interpretation of the deceased’s wishes, avoid duplication of work and reduce the risk of conflicting approaches to the administration of the estate.
Early specialist input can also help protect the estate and its beneficiaries by ensuring the correct grants are obtained, minimising delays and reducing the likelihood of costly disputes. From a planning perspective, careful drafting is crucial where multiple Wills are required, with clear provisions defining the scope of each Will, how other testamentary documents are to be treated and, where appropriate, the governing law that should apply.
Key Takeaway
Having multiple Wills is not, in itself, a problem – in fact, it can be highly effective. The risk lies in failing to ensure those Wills work together rather than against each other. A well-coordinated cross-border estate plan should operate as a cohesive whole, not a collection of standalone documents or decisions.
Final Thoughts
For individuals and families with assets in more than one country, a joined-up approach to estate planning and administration is essential. The consequences of getting it wrong can extend beyond additional cost and delay, potentially affecting who ultimately benefits from an estate.
Where multiple Wills exist, or there is uncertainty about how testamentary documents interact across different jurisdictions, obtaining specialist advice can help clarify the position, minimise risk and support the effective administration of the estate.
