If you are one of the estimated 5.5 million British people who live abroad and you die intestate (without a Will), then you may leave behind a tricky situation.
Obviously, different countries have different legal systems and even different jurisdictions, so for inheritance purposes, where more than one legal system is involved, it is necessary establish which law of succession applies.
It makes sense that if someone dies intestate in an EU member state, then the intestacy rules followed will be those of the country in which they were officially resident at the time. The clarification has to come when deciding that person’s country of domicile as someone can have a domicile of choice, but only to one country at a time. This depends upon questions such as whether they have moved permanently from their domicile of origin to their domicile of choice.
Though this sounds simple in principle, in the case, for example, of a mixed nationality couple who live between two jurisdictions, it can be far more complicated if one of them dies intestate. Nevertheless, once domicile has been established, then the laws of that country apply, and it is surprisingly common for people not to familiarise themselves with the laws of other countries which can be quite different from those of England and Wales.
To avoid leaving significant and complicated problems for beneficiaries, the importance of expats preparing a valid Will cannot be underestimated. It just may make the difference between having a nightmare or avoiding one.