02 June 2026

Property abroad: is a separate last will required?

  • Articles
  • Compliance
  • Legal
  • Inheritance / Succession
  • Real Estate

How should real estate situated outside of Switzerland be considered in estate planning? Is it necessary to draw up a separate last will, or can the foreign property be dealt with in a Swiss will?

  • Alexandra Geiger

    Legal Partner

  • Nina Henseler

    Junior Legal Associate

Families and spouses often own real estate not only in Switzerland but also properties in nearby or more distant countries. This complicates estate planning because it must be assessed whether the Swiss certificate of inheritance will be recognized by the authorities and courts at the location of the property and whether the property can be transferred to the heirs on that basis. If this is not the case, the heirs may face a situation in which maintenance, management, or sale of the foreign property is effectively blocked until the necessary documents from the respective state in which the property is located are obtained.

Generally: if the foreign land registry recognizes the Swiss certificate of inheritance, a separate foreign last will is not legally required; however, it may still be advisable for practical reasons. If, on the other hand, the foreign land registry does not recognize the Swiss certificate of inheritance, the creation of a separate foreign last will should be considered. In this context, the following elements are particularly relevant: the location of the property, the testator’s habitual residence and domicile, his or her citizenship(s), the applicable inheritance law, and the procedural framework (land registry, probate proceedings, taxes).

With regard to the location of the property, a distinction must be made between properties within the EU and those outside the EU. For example, if the property is located in the EU-member state Germany, the testator’s nationality is likewise relevant. If the testator holds (also) German citizenship, the German probate court will consider itself competent to handle the estate. This means that the Swiss certificate of inheritance will not be recognized. In such a case, either a German certificate of inheritance (possibly a limited certificate relating to foreign law) must be obtained for the transfer of the property, or a separate German notarized last will must be drawn up. Which option is preferable depends primarily on the costs involved. A similar situation arises in France, where a separate French will can significantly facilitate the administration and division of the estate.

Outside the EU-member states, it must be examined whether the state in which the property is located provides for exclusive jurisdiction over real estate matters and application of its own inheritance law. This is the case in common law jurisdictions such as Australia, England and Wales, the United States, but also in China and Thailand. In these countries, the creation of a separate last will should always be considered. In most cases, this is advisable for practical reasons alone, such as language.

A separate last will for foreign real estate may therefore be particularly appropriate if:

  • the Swiss certificate of inheritance is not recognized, but notarial or local probate documents (grant of probate, letters testamentary) and certificates of inheritance are required for the registration of the property in the land registry;

  • the country where the property is located applies its own inheritance laws;

  • a rapid sale, urgent maintenance work, or prompt transfer of title is planned or required;

  • potential conflicts between heirs are foreseeable;

  • the appointment of a local executor is necessary to carry out the terms of the last will.

Conversely, the question of a separate last will also arises where the testator resides abroad but owns real estate in Switzerland.

If a separate foreign last will is drawn up, it is ultimately important that the last wills are properly consistent with one another. They should not inadvertently contradict each other or revoke one another.

The MME Private Client Team assists you in the fields of (international) estate planning and is pleased to advise you with all real estate law issues. We offer customized solutions –
for bespoke (international) estate planning.
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