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 will made in Barbados was drawn up after his English will and contained the usual clause ‘revoking all former wills and testamentary dispositions’. The will contained details of various bequests and dealt with the man’s property in Barbados, but it made no mention of any arrangements for his interment or his UK assets.

The court accepted that the later 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. 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.

Contact Teresa McCutcheon for advice on estate planning, wills or any related matter.