Foreign Assets

If you are domiciled in Northern Ireland your Will will cover your worldwide assets unless the law of the country in which the assets are held overrules this. If for example you own a holiday home in Spain the position in relation to the disposition of land in Spain is governed by the law of Spain. You should thus take advice from a lawyer in Spain in relation to making a Spanish Will so the local disposition and taxation implications are appreciated and complied with. It is important if you make a Will in a particular country to limit its operation to your assets in that country otherwise you could inadvertently revoke your Northern Ireland Will. Similarly if you already have a Will in a foreign country you should tell us so we can add a clause to your Will acknowledging that Will and confirming the Will you are now making in Northern Ireland excludes that foreign asset and so your foreign Will is not inadvertently revoked by the Will you make with us.

A number of countries on the continent prohibit or at least restrict freedom of testation (gifting in your Will) and require land within the jurisdiction to devolve on certain members of the deceased’s family. If this applies to you please advise us of the details in writing so your further instructions can be taken and your draft Will revised accordingly. We will assume you do not already have a foreign Will and will prepare your Will as operative in relation to your worldwide assets unless you instruct us differently.