Having multiple wills for cross-border assets is not unusual in international estate planning, according to legal experts. As reported by Mint, separate wills can make administration more efficient by allowing assets in each jurisdiction to be dealt with under the will governing that jurisdiction. This approach allows respective estates to progress without unnecessarily drawing foreign assets and testamentary provisions into a single process.
The standard revocation clause, 'I revoke all previous Wills', takes on far greater significance in cross-border estates than in domestic situations. According to legal experts cited by Mint, if drafted too broadly, the revocation clause in an Indian will may inadvertently revoke or cast doubt on the UK will that was intended to continue operating alongside it. This highlights the importance of carefully coordinating revocation language across multiple jurisdictions.
A significant potential point of friction arises when both wills contain broad residuary clauses covering different beneficiaries. As reported by Mint, if the scope of the two wills is not clearly defined, an asset that is not expressly allocated to either instrument could fall within both residuary clauses, creating uncertainty over which will was intended to govern it. This underscores the need for precise drafting to prevent overlaps or gaps between the two instruments.
Beyond ensuring wills operate coherently, attention should be paid to the choice of executors, location and nature of assets, and the probate process likely to apply in each jurisdiction. According to legal experts from Singhania & Co cited by Mint, the assets intended to fall under each will should be clearly mapped, and each adviser involved should understand the wider estate plan. A second will should not be treated as a mere backstop but as part of a coordinated estate plan.
