For British nationals living overseas, it’s easy to assume that local laws will govern everything in the event of death. However, if you still have assets in the UK—such as a property, bank account, pension, or business interest—then UK laws, including the rules of intestacy, may still apply to those specific assets. This can have significant implications for how your estate is distributed, especially if you haven’t made a valid will.

This guide will help you understand how the rules of intestacy affect British expats, and what you can do to protect your estate and provide clarity for your loved ones, no matter where you live in the world.

What Is Intestacy and When Does It Apply?

Intestacy occurs when a person dies without leaving a legally valid will. In such cases, their estate is distributed according to a fixed set of rules laid down in UK law—specifically, the Administration of Estates Act 1925 in England and Wales, or the equivalent legislation in Scotland or Northern Ireland.

These rules define who inherits and in what order, with no consideration for personal circumstances, verbal wishes, or modern family structures. If you haven’t made a will, then the state effectively decides who benefits from your estate.

If you are a British expat and you die without a will, the rules of intestacy will usually apply to any UK-based assets you leave behind, regardless of where you are living at the time of death.

Which Assets Are Subject to UK Intestacy Rules?

Generally, UK intestacy laws apply to any assets that are physically or legally situated in the UK. These may include:

• Residential or commercial property in the UK

• UK-based bank accounts, savings or ISAs

• UK pensions or life insurance policies (if not held in trust)

• Shares in UK companies

• Business interests or intellectual property held under UK law

On the other hand, any foreign assets—such as a home in Spain or a savings account in Canada—will normally be dealt with under the laws of the country in which they are located. This duality can lead to situations where two different legal systems govern different parts of the same estate, sometimes in conflicting ways.

How Intestacy Can Create Problems for Expats and Their Families

Dying without a will can create complex legal and emotional challenges for loved ones, especially when assets are spread across multiple countries. Here are just some of the difficulties that can arise:

1. The wrong people may inherit.
UK intestacy law follows a strict order of inheritance—starting with spouses and children, then parents, siblings, and more distant relatives. Unmarried partners, stepchildren, and close friends receive nothing under these rules, regardless of the closeness of the relationship.

2. International probate becomes more complicated.
Dealing with probate is already time-consuming in a single country. Add multiple jurisdictions with different legal systems, inheritance rules, tax laws, and document requirements, and the process becomes significantly more burdensome for your family.

3. Conflicts between legal systems can delay or derail estate administration.
For example, some countries have forced heirship rules, meaning certain family members must inherit a minimum share of the estate—regardless of what your will (or intestacy law) says. This can clash with UK law and cause disputes that may require lengthy legal resolution.

4. There may be unintended tax consequences.
Inheritance tax rules vary widely across countries. Without proper planning, an estate may be taxed in more than one jurisdiction, reducing what is ultimately passed on to beneficiaries.

The Dangers of Relying on Intestacy When Living Abroad

One of the biggest risks expats face is assuming that local rules will protect their partner or children. In reality, unless a will is in place, the rules of intestacy may result in outcomes you would never have chosen.

For example, if a British national living in Portugal dies without a will, their property in the Algarve may be governed by Portuguese inheritance law—but their bank account in the UK will be handled under UK intestacy rules. If they were unmarried but living with a long-term partner, that partner could be left with no legal right to either asset, potentially facing eviction or financial hardship.

Another common issue arises when children from a previous relationship are unintentionally excluded or included in ways the deceased did not anticipate. Intestacy does not account for stepchildren, adopted children in some cases, or more nuanced family dynamics.

How Can Expats Protect Their Estate?

There are several steps expats can take to ensure their estate is handled according to their wishes and avoid the unintended consequences of intestacy.

Make a legally valid UK will
If you own any assets in the UK, it’s essential to have a will that clearly outlines who should inherit them. This can include property, pensions, or savings. Without this, your estate will be governed by intestacy laws regardless of your intentions.

Consider a separate will for overseas assets
In many cases, it may be advisable to create a second will that deals specifically with your overseas assets, written in accordance with the laws of that country. This ensures that local requirements are met and reduces the likelihood of disputes or delays. However, this must be done carefully—multiple wills should not contradict or invalidate one another.

Keep your estate plan up to date
Regularly review your will and overall estate plan, especially if your family circumstances, financial position, or country of residence change. Marriage, divorce, the birth of children or grandchildren, or buying property in another country can all impact your estate.

Seek expert legal advice
Cross-border estate planning can be complex. Working with a solicitor or adviser who understands both UK and international inheritance law is crucial to avoid legal pitfalls and ensure your estate is protected in all jurisdictions.

Don’t Leave It to Chance

As a British expat, failing to leave a will doesn’t mean your estate will simply follow your wishes or be guided by common sense. It means handing control to the legal systems of one or more countries—often with outcomes very different from what you would have intended.

Whether you own a London flat, a villa in Spain, or bank accounts across multiple countries, a professionally prepared will gives you peace of mind that your loved ones will be looked after and your estate will be handled efficiently. It is one of the most important documents you will ever write—especially if you call more than one country home.

If you’re unsure where to begin, now is the time to speak to an experienced legal adviser and ensure your plans are in order. The future is unpredictable—but your wishes don’t have to be.

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