I made my will abroad. Is it valid in England?

What the Law Says

The formal validity of a will made outside England and Wales is governed by long-standing rules now consolidated in the Wills Act 1837.

Under section 9 of the Wills Act 1837, a will made outside England and Wales is treated as properly executed (i.e., formally valid) if its execution complies with the law of the place where it was executed, OR the law of the testator’s domicile, habitual residence, or nationality — either at the time the will was made or at the time of death.

This means you do not need to re-make your will in England for it to be accepted by the English courts — as long as it meets one of those four legal standards. The rule reflects international respect for personal law and avoids invalidating wills simply because of where they were signed.

Note: This only covers *formal validity* — such as signing requirements and witnesses. The *substance* of the will (e.g., whether someone was unduly influenced or lacked mental capacity) is still assessed under English law if challenged here.

Statutory Text

A will made out of England and Wales shall, so far as regards the mode of its execution, be deemed to be properly executed if its execution conforms to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execution or of the testator's death, the testator had his domicile or habitual residence, or in the territory of which the testator was a national.

— Wills Act 1837, s. 9 — Formal validity of wills made abroad

What to Do

Sources