A holiday home, an overseas bank account or an investment held abroad can make an otherwise straightforward estate more complicated. The relevant questions include which law governs succession, how the asset can be transferred and whether more than one country can charge tax.
Do not assume that living in Ireland means Irish rules decide every issue. Equally, owning an asset overseas does not automatically mean that an Irish will has no relevance to it. The answer depends on the asset, the jurisdictions and your personal circumstances.
Coordinate the documents
Some people use separate wills for assets in different countries. Others may have a coordinated arrangement built around one will. There is no universal format that is right for every cross-border estate.
The documents must be drafted so that one does not unintentionally revoke or contradict another. A broadly worded revocation clause in a new will can cause trouble if an existing foreign will was meant to remain in force.
Tell each adviser about all existing wills, nationalities, places of residence and significant assets. Give them copies rather than relying on a short description of the foreign document.
Separate succession from tax
The law deciding who inherits is not necessarily the law deciding what tax is payable. Irish Capital Acquisitions Tax can be relevant to a foreign inheritance, and another country may also impose tax. Relief for double taxation depends on the applicable rules and cannot be assumed.
Property transfers may also involve local registration, translation, probate or other administrative requirements. These practical costs and delays should be considered when deciding who will act as executor.
Prepare useful information
Make an inventory showing where each asset is located, whose name it is in and which adviser or institution holds the records. Include associated loans and any co-ownership agreement. Keep the list updated as assets are bought or sold.
Avoid copying a foreign clause into an Irish template because it appears to express the right intention. Similar words can have different legal effects across jurisdictions.
For cross-border property, the sensible first purchase is coordinated advice. Your asset list and proposed beneficiaries provide a useful starting point, but the final documents should work together under the laws that actually apply.
Sources and further reading
General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.