Court case highlights the potential of writing a foreign Will

A man who died in Barbados leaving a will there as well as a Will made in the UK created a problem for his family. The man owned property in Barbados and the UK. The will made in Barbados was drawn up after his English Wll and contained the usual clause 'revoking all former wills and testamentary dispositions'. The Will contained details of various gifts and dealt with the man's property in Barbados, but it made no mention of any arrangements for his UK assets.

The court accepted that the foreign Will was an additional Will, intended only to deal with the man's assets in Barbados, and therefore his English Will was the basis under which his other assets should be distributed.

The important issue here for people with assets (such as a holiday home) abroad is that whilst it is normally very sensible to create a 'local will', this should specify the assets it covers and specify that the local Will is intended to cover the local assets only. In the worst case, an inappropriately drafted will may revoke an earlier English will, but at the very least, as in this case, it may add time and expense to the administration of the estate.

Submitted on Feb-02-2009

Written by Amina Sayed Hossen

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.