Why French expats in the United Kingdom need a UK Will

The myth of the single will for two countries

When you draft a will in France, you intuitively imagine it covers your entire estate, wherever it sits. This intuition is understandable — that's how wills work in most European countries. But it's legally incorrect for the United Kingdom.

A foreign will may be formally recognised in England and Wales under the Wills Act 1963. The applicable succession law, probate process, the estate's assets and the wording of any existing will require individual review.

What happens without a UK Will

English intestacy law (Administration of Estates Act 1925) follows an automatic hierarchy depending on your marital status:

• Married without children: spouse inherits everything.
• Married with children: spouse receives the first £322,000 + personal effects + 50% of the surplus. Children receive the other 50%.
• Unmarried: your cohabitant inherits nothing (even after 20 years of cohabitation). Your assets go to children, or failing that to parents, siblings, etc.
• No family: assets revert to the Crown (Bona Vacantia).

For French expats, two scenarios are particularly risky.

Scenario 1 — The unmarried couple

You've lived with your British partner for 15 years. You bought a flat together (joint tenancy), your life is here. You have a French will saying "everything to my partner". You die suddenly.

Jointly owned property held as joint tenants normally passes to the surviving joint owner regardless of a will. Other assets can follow different rules, and an existing French will may be relevant. Obtain case-specific advice rather than assuming intestacy will apply.

Scenario 2 — Children from multiple unions

You have two children from a first French marriage and a new British marriage. You want your UK assets to go equitably to all three children. Without a UK Will, your British spouse gets £322,000 + 50%, and only the residual is split among your three children — not at all your intention.

What a UK Will must contain

A Will compliant with English law contains several mandatory elements:

1. Precise testator identification: full name, address, date of birth.
2. Revocation of prior UK Wills: to avoid ambiguity over the applicable version.
3. Executor designation: persons in charge of executing your Will (1 to 4 recommended).
4. Main provisions: who inherits what, in what proportion, under what conditions.
5. Minor children's guardianship: if applicable.
6. Funeral wishes: optional but useful.
7. Signature: in the presence of two independent witnesses (who cannot be beneficiaries).

Articulating with your French will

A new UK will may affect an earlier will made abroad depending on the wording of its revocation clauses. Both wills should be assessed together by a suitably qualified professional.

For some cross-border estates, two coordinated wills may be useful; for others, a single appropriately reviewed will may be sufficient. The decision depends on individual circumstances.

• A UK Will disposing of UK assets under English law.
• A French will (often already existing) disposing of French assets under French law.

Both documents must be consistent with each other to avoid contradictions. That's why an initial framing with a bilingual professional who understands both systems is essential.

Common drafting pitfalls

• Not revising after marriage: in the UK, marriage automatically revokes prior Wills (Wills Act 1837, section 18). If you marry after drafting your Will, it becomes void. Make a new one.
• Poorly chosen executors: your best friend doesn't necessarily know how to manage an international succession. Prefer someone organised, geographically available, and administratively competent.
• Forgetting digital assets: online accounts, cryptocurrencies, copyright. Document explicitly.
• Inheritance Tax confusion: the UK has a £325,000 exemption threshold (Nil Rate Band) + £175,000 additional on principal residence (Residence Nil Rate Band). Beyond that, 40% IHT. Will drafting can optimise this treatment.

What it really costs

A properly drafted UK Will for a French expat sits in a precise range:

• Automated online service: £50-£150. Risky for expats due to cross-border dimension.
• Traditional UK solicitor: £400-£800 + £150-£250 for revision in average estate situations.
• STEP-specialist international solicitor: £1,200-£3,000 for complex situations with trusts.
• FrancoLegal: bilingual documentary coordination and referral to a qualified professional where needed; fees quoted in writing after scoping.

The right time to draft

Theoretically, on first UK property purchase or settled arrival in the country. Practically, many expats delay. Typical triggers:

• Purchase of UK property.
• Birth of a child in the UK.
• Marriage or new union (reminder: marriage revokes prior Wills).
• Divorce.
• Bereavement of a relative revealing the absence of planning.

If any of these events concerns you, it's time. A well-drafted UK Will is one of the best protections you can offer your loved ones.

Going further

FrancoLegal regularly supports Francophone expats — French, Belgian, Swiss Romand, Québécois, Maghrebi, or from Francophone Africa — in drafting their UK Will. Our approach: a 30-minute framing call in French to understand your situation, drafting in compliant legal English, clause-by-clause explanation in plain language so you understand what you're signing. Any drafting fees and lead times are confirmed in writing after scoping and identifying the qualified professional where required.

Whether you are French, Belgian, Swiss, Canadian or another nationality, the appropriate arrangements depend on the assets, residence, applicable succession rules and existing documents. Seek a coordinated review before acting.

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By Séverine Itany, founder of FrancoLegal.