As a globally experienced financial planner and adviser working with British expatriates across Asia, one topic resurfaces time and again: whether writing a will as a UK expat is necessary when living abroad.
For many UK expats in Vietnam, life here is vibrant, opportunity-filled and often incredibly busy. It is easy to postpone important but uncomfortable tasks such as addressing what may happen to your assets, family and financial affairs after death.
Yet creating a legally valid will is one of the most essential components of long-term financial planning, particularly when you are living overseas.
In this guide, I will walk you through everything you need to know about writing a will as a UK expat in Vietnam. My goal is simple: to help you protect your loved ones, safeguard your wealth, and ensure that your global assets pass exactly as you intend.
Why Writing a Will as a UK Expat Matters More Than You Think
If you die without a valid will, known as dying intestate, the UK’s intestacy rules, or in some cases local laws in Vietnam, may dictate how your assets are distributed.
As an expat myself, I fully appreciate the competing priorities of life abroad. But failing to have a properly written will can create financial, legal and emotional complications for those you care about most. For many expatriates, a will is the foundation of effective succession planning.
How Intestacy Affects UK Expats Living Overseas
Many UK expats assume that their spouse or children would “automatically inherit everything”. Unfortunately, that is not always the case.
Under UK intestacy rules (England & Wales):
A spouse receives the first £270,000 of your estate, plus half of the remaining balance.
The other half goes to your children.
Unmarried partners, stepchildren and non-legal dependants receive nothing.
Assets owned abroad may be subject to the local laws of the country where they are located.
For Vietnam-based expats, there is an added complexity: Vietnam does not automatically recognise foreign wills unless specific requirements are met. Local forced-heirship or civil code provisions may apply, depending on the asset type.
This creates two risks:
1. Delays and Administrative Challenges
Without a UK will, your family may need to navigate both UK probate and Vietnamese legal processes, which can be time-consuming and bureaucratic.
2. Unintended Beneficiaries
Vietnamese inheritance laws prioritise certain classes of heirs (such as children and parents). This may conflict with how a UK expat intends their assets to be distributed.
A properly executed will can significantly reduce these problems, clarifying your wishes, appointing trusted executors, and limiting disputes.
Should You Have Separate UK and Vietnamese Wills?
In most cases, UK expatriates with cross-border assets benefit from having:
A UK will covering UK assets (bank accounts, pensions, property, investments), and
A local will covering assets physically located in Vietnam.
Why this matters:
It avoids conflicts between jurisdictions.
It prevents unintended revocation (a new will can void a previous one unless drafted correctly).
It speeds up probate by allowing parallel processing of estates.
If you own property, hold business interests, or have long-term residency in Vietnam, I strongly recommend discussing a dual-will structure.
What Makes a Will Legally Valid for UK Expats?
A will written under the law of England and Wales is valid provided that:
It is in writing.
It is signed by the Testator (you) in the presence of two independent adult witnesses.
Witnesses cannot be beneficiaries.
Marriage or civil partnership invalidates a pre-existing will.
It should clearly revoke prior wills unless intentionally worded otherwise.
A common misconception is that video-witnessing (allowed temporarily during Covid-19) remains acceptable worldwide. It is not. For expats, physical witnessing is always required.
What to Include When Writing a Will as a UK Expat
As part of the will-writing process I guide clients through, the essential components include:
1. A Complete List of Your Assets
Creating a clear, organised list of your assets is the foundation of an effective will, especially when living abroad. As an expat, your estate is likely to span multiple jurisdictions, which means accuracy is essential.
What to include:
UK-based property, including your main residence, buy-to-let properties, or inherited assets.
Overseas property in Vietnam, such as an apartment held under a leasehold arrangement or land-use rights (common for foreigners).
Bank accounts, including UK high-street banks, offshore accounts, Vietnamese bank accounts, digital banks, and multi-currency wallets.
Investment portfolios, whether held in the UK, offshore, or via international platforms.
Insurance policies, especially those with death benefits.
Business interests, such as shares in a company or partnership stakes.
Personal valuables, including jewellery, watches, vehicles, or art.
Digital assets, such as cryptocurrency, online business income, digital wallets and intellectual property.
My advice:
Maintain a central asset register that you update annually.
Include clear descriptions, approximate values and details of where documentation is stored.
If you hold assets in Vietnam, ensure you understand how local succession law may treat them.
A comprehensive asset list avoids confusion and reduces the risk of something being overlooked during probate.
2. Appointment of Executors
Executors are the individuals responsible for carrying out your wishes and administering your estate. Choosing the right people is critical.
Qualities to look for in an executor:
Trustworthiness and integrity
Organisational and administrative ability
Willingness to take on a potentially time-consuming role
A good understanding of your family situation
Ideally, someone in the UK if the majority of your estate is UK-based
Common choices include:
Spouses or partners
Adult children
Siblings
Close friends
Professional executors (solicitors or corporate executors)
What to avoid:
Appointing someone who resides in a country where acting as executor may cause tax complications
Appointing a beneficiary who is likely to be involved in inheritance disputes
Appointing only one executor when your estate is complex
My advice: Always appoint at least two executors or name a substitute. This gives your estate resilience if one executor is unable or unwilling to act.
3. Appointment of Guardians
For parents, this is often the most emotionally significant part of writing a will. If you have children under 18 and die without naming a guardian, the courts will appoint one. This may not align with your wishes, especially across different countries with varying legal systems.
Considerations when choosing a guardian:
Their relationship with your children
Their parenting style and values
Their health, age and long-term suitability
Their ability to relocate (if required)
Whether they can take responsibility for more than one child
Their willingness to act (always discuss it with them first)
Practical points for expats:
Guardianship decisions may have to consider cross-border relocation.
You may need to name temporary guardians in Vietnam who can act until the permanent guardian arrives.
Always include financial arrangements to support the guardian, typically through a trust.
My advice: Ensure guardianship instructions are clear and supported by financial planning tools, such as life insurance or earmarked funds.
4. Beneficiaries
Your will must specify who is to inherit your estate and in what proportions.
Types of beneficiaries:
Spouses or civil partners
Children (including adopted children)
Stepchildren (must be named explicitly, they are not automatically included)
Extended family
Friends
Charities or causes
Business partners or associates
What to include:
Full names
Relationship to you
Exact share of the inheritance
Specific bequests (e.g., a watch, a classic car, a piece of art)
Contingency beneficiaries if your primary beneficiaries die before you
Common pitfalls:
Assuming cohabiting partners have automatic rights (they do not under UK law)
Not updating beneficiaries after major life events
Not taking account of forced-heirship rules in certain countries
My advice: Where possible, create a brief letter of wishes to accompany your will. It allows you to explain your reasoning and helps avoid misunderstandings.
5. Funeral Wishes
While not legally binding, funeral guidance can be immensely helpful to your family, particularly when you live overseas.
What to consider:
Whether you prefer burial or cremation
Religious or cultural preferences
Whether you wish your remains to be repatriated to the UK
Practical considerations around cost and logistics
Any special requests for the ceremony
Why it matters for expats: The logistics of arranging repatriation from Vietnam can be complex and costly. Including your wishes can relieve your family of difficult decisions at a stressful time.
My advice: Keep your wishes simple and clear. Avoid overly detailed instructions that may be difficult or expensive to carry out internationally.
6. Consideration of inheritance tax (IHT)
As a British citizen, you may be liable for UK inheritance tax on your global estate, regardless of where you live.
Key points to understand:
The UK IHT threshold is currently £325,000 (nil-rate band).
An additional £175,000 residence nil-rate band may apply if passing a home to direct descendants.
Anything above these thresholds may be taxed at 40%.
Your domicile status, not your tax residency, determines IHT exposure.
Why this matters for expats in Vietnam:
Living abroad does not necessarily change your domicile.
Assets in Vietnam may be considered part of your worldwide estate.
Without estate planning, your family may face unexpectedly high tax bills.
Planning strategies may include:
Using trusts
Strategic gifting during your lifetime
Reviewing how property is owned
Using life insurance to cover potential IHT liability
Investment planning focused on tax efficiency
Considering your long-term domicile intentions
My advice: Estate planning and IHT planning should work hand-in-hand. Writing a will is the first step, but aligning it with your long-term family and financial goals is essential.
Do You Need a Living Will or Lasting Power of Attorney (LPA)?
While focusing on writing a will as a UK expat, many overlook the benefits of preparing these two additional documents:
1. Advance Decision (Living Will)
An Advance Decision, commonly called a Living Will, allows you to clearly outline the types of medical treatment you would refuse if you lost the ability to communicate your wishes. This typically covers life-sustaining treatments such as resuscitation, artificial ventilation, feeding tubes or dialysis.
For UK expats living in Vietnam, the value of a Living Will becomes even more significant because medical practices, legal frameworks and cultural norms around end-of-life care may differ greatly from the UK.
A Living Will offers clarity during moments of uncertainty. It ensures that medical professionals in the UK, and potentially those treating you abroad, understand your preferences.
I often advise expat clients to store both a digital copy and a hard copy with their important documents and to inform their next of kin where it can be found.
2. Property and Financial Lasting Power of Attorney
A Property and Financial LPA authorises someone you trust to manage your financial affairs if you become unable to do so yourself. This can happen through illness, accidents or age-related conditions. While no one likes to imagine these circumstances, they are unfortunately more common than people realise, and for expatriates the risks can be amplified by geographical distance and differing legal environments.
With an LPA in place, your nominated attorney can pay bills, access bank accounts, manage investments, deal with HMRC, handle property transactions and ensure your financial life continues smoothly.
Without an LPA, your family may need to go through the UK Court of Protection, a long and costly process, before they can act on your behalf. This delay can be particularly damaging for expats managing assets across borders.
Importantly, an LPA only covers UK-based financial matters, but it ensures your affairs at home remain in good order while you're abroad. I always encourage expats to choose someone financially competent and trustworthy, often a spouse, adult child or close friend, and to discuss responsibilities openly.
Both documents can be created through our regulated online will-writing service, authorised by the Solicitors Regulation Authority. Many expats find these invaluable for peace of mind further down the line.
How I Assist UK Expats in Vietnam with Will Writing
In my role as a globally experienced financial planner, I guide clients step-by-step through creating a legally valid, practical and tax-efficient will. My approach is proactive, pragmatic and centred on your long-term goals.
My will-writing service enables you to:
Create a legally binding UK will online in around 15 minutes
Ensure your wishes are followed precisely
Gain clarity over UK and overseas assets
Reduce the administrative burden on loved ones
Explore inheritance tax strategies as part of wider financial planning
Integrate your will with your investment and wealth-management goals
All advice I offer is free and without obligation. My priority is to ensure that you and those you care about are fully protected.
Why You Should Act Now
Writing a will as a UK expat is not simply an administrative exercise. It is an act of care, responsibility and foresight.
A will ensures that your financial legacy is secure, your wishes are respected, and your loved ones are safeguarded, no matter where in the world you call home.
Get in touch with us today and let us help you!