Two Wills, Two Countries, One Dead Problem: Which Will is Valid After You Die?

The Nightmare Every Expat Secretly Fears

You moved to Germany 12 years ago. Before you left, you made a will in your home country—say, the United States. It named your siblings as executors and left everything to them. It was legal, notarized, and filed away.

Then you settled in Germany. You got married, had children, built a life. German law is different—your spouse and children have automatic inheritance rights that can't be completely overridden by a will. So you made a new will in Germany, acknowledging these obligations and dividing your estate differently. Also legal. Also filed.

You never told anyone about the first will. You figured you'd update everything once you had permanent residency. But then you had a heart attack at 52.

Now your family has a problem they never anticipated: You left behind two valid wills that say completely different things about who gets what.

Which one is binding? German law? U.S. law? Both? Neither?

Nobody knows.

How Expats Accidentally Create Legal Conflicts

This scenario happens more often than you'd think, and the reasons are all logical:

1. Different life stages, different priorities: When you left your home country, you might have had different dependents, different assets, different concerns. The will you made then made sense.

2. Local legal requirements: Many countries require you to make a local will to comply with inheritance law. Germany's forced heirship rules, France's réserve héréditaire, Spain's mandatory portions—these can't be escaped with a foreign will.

3. Gradually building ties: You didn't intend to stay forever when you left. Over 10-15 years, you accumulated local assets, got married, had kids. Each life event created a reason to draft a new will under local law.

4. Lack of coordination: Most expats don't think to explicitly revoke their original will when making a new one. They assume the new will supersedes the old one. It doesn't. Both remain valid.

5. Different languages, different lawyers: Your home-country lawyer didn't know about the German will. Your German lawyer didn't ask about the U.S. will. Both wills are legally sound in their respective jurisdictions.

The result: Two valid wills, two different sets of heirs, two contradictory instructions for dividing your estate.

The Legal Mess: Whose Law Applies?

When you die, your executors (or your grieving family) face this question: Which will governs?

The answer depends on a complex doctrine called "conflict of laws":

Personal Law vs. Lex Domicilii

Personal Law (Lex Domicilii): Most civil law countries apply the law of your last domicile (where you actually lived) to your succession. If you lived in Germany when you died, German succession law applies—regardless of where you were born or which countries you have wills in.

Common Law Approach: English-speaking countries often look at where your estate is, not where you lived. Real property in England is governed by English law. Real property in the U.S. is governed by U.S. law. It's fragmented.

The EU Succession Regulation (if applicable)

If you died while residing in the EU after 2015, the EU Regulation No. 650/2012 theoretically simplifies this. It says: the law of your last habitual residence governs your succession.

But here's the problem: You might have habitual residence in one country, citizenship in another, and assets scattered across three more. Executors disagree about which law applies. Litigation ensues.

International Will Conventions

Some countries recognize the UNIDROIT Convention on International Wills (1973). If both your wills comply with this convention, they might both be recognized as valid—but that doesn't solve the conflict problem. You still have two wills saying different things.

A Real-World Example: The German-Italian Trap

Imagine:

• You're Italian, but you've lived and worked in Germany for 15 years
• You own an apartment in Germany (in your name)
• You own family land in Italy (inherited from your parents)
• You have a wife and two children

Italian Law: You cannot exclude your spouse and children from your estate. They have a guaranteed "portion" of your inheritance (the "quota legitima"). Even with a will, your family members have statutory inheritance rights.

German Law: You have more freedom in your will, but your spouse and children also have forced heirship rights. You can't disinherit them entirely.

What if your Italian will gives everything to your siblings, and your German will respects the statutory portions for your spouse and children?

When you die:

• Italian authorities might apply Italian law to your entire estate (including the German apartment), prioritizing the Italian will and statutory rights
• German authorities might apply German law to your German assets, prioritizing the German will
• Your heirs face years of litigation determining which law governs which assets
• The costs could consume 30-50% of your estate

The Emotional Cost: Family Conflict

Beyond the legal nightmare is the personal disaster:

Your spouse (married under German law) believes she's entitled to her statutory share. Your siblings (beneficiaries in the Italian will) believe the Italian will reflects your "true wishes." Your children don't know which inheritance they'll receive.

Instead of grieving, your family is in court. Instead of honoring your memory, they're fighting over which country's legal system has the right to your estate. The will you intended to prevent conflict has become its primary source.

How to Prevent This: What You Should Do Right Now

If you're an expat (or thinking of becoming one), you need a coordinated estate plan:

1. Make Only ONE Will—In Your Country of Residence

If you've lived in Germany for 5+ years, make your will under German law, not your home country's law. This avoids conflicts. One jurisdiction, one law, one clear path.

Exception: If you own significant real property in your home country, you might need a local will for those specific assets. Consult a cross-border specialist.

2. Explicitly Revoke Your Old Will

If you have a will from your home country, explicitly revoke it in your new will. Write: "I hereby revoke all previous wills and testamentary instruments made by me in any jurisdiction."

Don't assume the new will supersedes the old one. Be explicit.

3. Hire a Cross-Border Estate Planning Lawyer

Not your home country's lawyer. Not your local lawyer. A lawyer who specializes in cross-border expat estates.

They will:

• Coordinate your assets across jurisdictions
• Ensure your will complies with the inheritance laws of both countries (where applicable)
• Consider tax implications in multiple countries
• Name executors who understand the complexity
• Document everything clearly

4. Register Your Will Centrally

Many countries have will registries:

• Germany: The Zentrales Testamentsregister (ZTR)
• Netherlands: The Central Testament Database
• France: The Minutier Central

File your will in your country of residence's registry. This ensures executors know it exists and can find it quickly.

5. Store Multiple Copies in Multiple Places

Keep a copy in:

• Your home country (with your family)
• Your country of residence (with your lawyer)
• A digital estate service that your family can access

6. Communicate With Your Family

Your family needs to know about your will and understand your intentions. The biggest cause of conflict isn't legal ambiguity—it's surprises.

Write a separate, non-binding "letter of wishes" explaining why you made certain decisions. This won't change the legal outcome, but it can prevent family conflict.

The Bottom Line

Two wills in two countries are a ticking time bomb. Your heirs won't know which law applies. Executors won't know which will to execute. Litigation will be expensive and unpredictable.

The solution is not complicated: Make one clear will in your country of residence, under that country's law, and explicitly revoke any previous wills.

Your family has enough to grieve without fighting over which country's laws determine your legacy.

Create a clear, coordinated digital estate plan with LegacyShield — because your family deserves clarity, not conflict, when you die.