Do I need to be a UK citizen or resident to make a will in England?

Author

Chris Watts MSWW – Fern Wills & LPAs

Last verified

13 September 2025 (England & Wales)

Quick-read summary

You don’t have to be a UK citizen or even live here permanently to make a valid will in England & Wales. What matters is that the will is signed and witnessed properly under the Wills Act 1837. If you live here and your property is here, making your will is simple. Even if you or your partner is a foreign national, or if you already have a will abroad for an overseas property, your English will can still be written to fit alongside it.

Practical checklist

✅ You’re a foreign citizen, but live permanently in England & Wales with assets here.

✅ You and your partner are of mixed nationalities, but your home and main property are here.

✅ You have a holiday home overseas already covered by a local will.

⚠️ You have overseas property without a local will → this usually needs specialist advice abroad.

What to consider

• Wills Act 1837: in writing, signed, two witnesses present together.
• Wills Act 1963: foreign-signed wills may still be valid here if they followed local law, or matched your domicile, habitual residence, or nationality.
• Mixed nationalities: citizenship is not a barrier — residence and proper execution are what matter.
• Holiday homes abroad: if a local will already covers them, we can ensure your English will doesn’t revoke that document.

How this works in real life

• Mr & Mrs A – Both Romanian, resident in Warwickshire, all assets here. Their wills were straightforward: standard E&W wills covering their English home and savings.
• Mr & Mrs B – He’s a UK citizen, she’s French, both resident in England. She has a French will for her holiday home in France. Their English wills were written with a “non-revocation” clause to preserve the French will — simple and effective.

FAQs

1. Do I need to be a UK citizen?

No. Validity depends on how the will is signed and witnessed, not citizenship.

2. Do I need to live in England & Wales to make a valid will here?

No. You can still make a valid English will if you own property here, even if you live abroad.

3. What if my partner is a different nationality?

That’s fine. Mixed-nationality couples can make valid wills here if they live in England & Wales and own property here.

4. What if I already have a will abroad?

We can draft your English will so it doesn’t revoke your foreign will — useful if you have a holiday home covered by that document.

5. When is this “one to get specialist advice”?

If you own property overseas that isn’t already covered by a local will, or if you face complex tax rules.

Optional Technical Notes (for those who want the detail…)

• Wills Act 1837, s.9 – execution requirements (writing, signature, two witnesses).
• Wills Act 1963, s.1 – allows recognition of foreign-signed wills if they complied with local law or the testator’s domicile, residence, or nationality.
• HM Treasury/HMRC Oct 2024 reforms – shift from domicile-based to residence-based taxation (from 6 April 2025). This is a tax change, not a will validity rule.

Next steps

If you live in England & Wales and your property is here, making a will is straightforward. Even if you’re a foreign national or in a mixed-nationality couple, Fern Wills & LPAs can make sure your will is valid and doesn’t clash with any overseas arrangements.