Will writing and Brexit. If you own a holiday home in the European Union, do you need to change your Will or, indeed, write your first Will? Laura Richardson looks to answer this question in her latest article . . .

With around half a million Britons owning a holiday home in the EU, it is not surprising that there have been a lot of queries regarding the potential effects of Brexit on the ownership of these properties.

The first thing to note is that during the initial transition period there will be no changes whatsoever to the legal or financial status of any EU holiday homeownership, therefore if there are any changes coming, they won’t be effective until at earliest January 2021.

As specialists in the field of Wills and associated legal services, Andrew Douglas Wills & Legal Services are particularly interested in whether there will be any requirement for holiday homeowners to change their Will following Brexit.

There is already succession legislation in place governing what happens to EU property owned by someone resident in a non-EU country. In August 2015 the EU passed the EU Succession Regulations (EU 650/2012) known as “Brussels IV”. This regulation will still affect UK residents who own a holiday home in almost any EU country outside of the UK after Brexit. The purpose of the regulation was to make it simpler to administer an Estate that contained assets in more than one country, by allowing the Estate to follow the laws of one country throughout the administration process. For example, a UK resident who owns a holiday home in France is able to ensure that upon their death their holiday home, along with their UK based Estate, is dealt with entirely under UK law rather than partly by French law. This is particularly important when it comes to EU countries that have vastly different succession laws to that of the UK.

Brussels IV assumes that the preferred law would be that of where the deceased was resident, or most closely associated with at the time of death. However, if you were born in England and have recently emigrated to a qualifying EU member state where you also own assets, the default position may not apply. If you die having only recently emigrated it may not be clear whether you are more closely associated with England or the country that you have emigrated to. The law governing inheritance and succession varies widely from country to country and it is paramount that you are fully aware of the laws that could apply to your holiday home.

Therefore, if you have any concerns regarding your holiday home with regard to Will writing and Brexit, contact Andrew Douglas Wills & Legal Services today. We offer a free initial consultation with a fully remote service available during which we can discuss your personal needs and requirements as well as give legal advice based on the most up-to-date information. Whether in Essex or across England and Wales, we welcome your call.

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