When one Will undermines another: the hidden risks in cross-border estates

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:

• Beneficiaries may lose their entitlement
  Individuals named under a “revoked” Will may find they are no longer provided for at all.
• Conflicting succession outcomes
  The surviving Will may not reflect the testator’s overall intentions, particularly if it was drafted only with local assets in mind.
• Delays and increased costs
  Executors may need to obtain legal advice in multiple jurisdictions to establish which document is valid, delaying estate administration significantly.
• Potential disputes
  Disappointed beneficiaries may challenge the position, leading to contentious and costly litigation.

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.

How We Can Help

As specialists in cross-border estate administration, we work with clients, executors, and professional advisors to navigate these challenges and restore clarity where things have gone wrong.

Our support within the Private Client Advisory team at Irwin Mitchell includes:

1. Identifying Which Will Prevails

Carefully reviewing all testamentary documents, considering:

• Revocation clauses
• Governing law provisions
• The order in which Wills were executed
• Jurisdiction-specific legal rules

2. Coordinating Multi-Jurisdictional Advice

Liaising with lawyers and notaries in relevant jurisdictions to ensure a joined-up approach in:

• Consistent legal interpretation
• Efficient administration strategies
• Avoidance of duplication or conflict

3. Protecting the Estate and Beneficiaries

Helping executors mitigate risk by:

• Ensuring correct grants are obtained
• Preventing unnecessary disputes
• Preserving estate value

4. Preventing Future Issues

Advising clients and their advisors on robust will planning and estate structuring, including:

• Carefully limited jurisdictional scope and revocation clauses
• Express recognition of other Wills where relevant
• Clear asset delineation between jurisdictions
• Inclusion of choice of law clauses where appropriate

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

If you or your clients have assets in more than one country, it is essential to take a joined-up approach. The cost of getting it wrong is not just financial — it can fundamentally alter who benefits from an estate.

If this is an area you are navigating, or if you have encountered a situation where Wills appear to conflict, we are always happy to discuss how clarity can be restored and risks mitigated so please do get in touch.