Going on Holiday? Why You Should Have a Will in Place Before You Travel

Passports, travel insurance and accommodation usually sit at the top of a holiday checklist. Your will may not seem as urgent, but travelling can be a useful prompt to deal with arrangements you have been putting off.

Writing a will before a holiday is not about assuming something will go wrong. It is about making sure your wishes are recorded, your family knows what to do and important decisions are not left unresolved.

You do not legally need to make a will before travelling. However, if you have children, own a home, live with an unmarried partner or have not reviewed your arrangements recently, it may be sensible to act before you leave.

Should You Make a Will Before Travelling?

You should consider making or updating a will before travelling if your current arrangements do not reflect your life today.

A valid will can help you:

• Decide who should inherit your money, property and possessions

• Appoint people to administer your estate

• Record your wishes for children under 18

• Include an unmarried partner, stepchild, friend or charity

• Reduce uncertainty for the people close to you

• Explain how particular belongings should be distributed

Without a valid will, your estate is distributed under the intestacy rules rather than according to informal conversations or assumptions within the family. Always review a will following major changes in your circumstances and ensuring it is correctly signed and witnessed.

Why Holidays Often Bring Estate Planning Into Focus

Preparing to travel naturally encourages people to organise important details. You check that documents are valid, share an itinerary and make plans for emergencies.

Estate planning belongs in the same practical conversation.

This may be particularly relevant when:

• Both parents are travelling together

• You are leaving children with relatives

• You are taking a long or extended trip

• You have recently bought a property

• Your family circumstances have changed

• You have delayed making a will for several years

The holiday does not create the need for a will. It simply provides a clear deadline for completing something that already matters.

Travelling With Children? Review Your Guardianship Arrangements

For parents, one of the most important reasons to make a will is the opportunity to record who they would want to care for their children if the parents were no longer there.

A guardianship decision should not be based on who is closest geographically or who relatives assume would take responsibility. Think carefully about:

• Whether the proposed guardian is willing

• Their relationship with your children

• Their health and personal circumstances

• Their values and approach to parenting

• Where your children would live

• Whether you should name an alternative guardian

A guardian is responsible for the child’s care, while trustees can be appointed to manage money or property left for them. These roles do not always need to be held by the same people.

Parents who have not yet documented their wishes can find more guidance in our article on choosing guardians for children.

Check Whether Your Existing Will Still Works

Having a will is only useful if it continues to represent your circumstances and intentions.

Before travelling, check whether anything significant has changed since it was prepared.

Common reasons to review a will include:

• Marriage or civil partnership

• Divorce or separation

• The birth or adoption of a child

• Becoming a grandparent

• Buying or selling a home

• Starting or selling a business

• A beneficiary or executor dying

• A substantial change in your finances

• A breakdown in an important relationship

Do not write amendments directly onto the original document. Depending on the change required, you may need a formally executed codicil or a replacement will. GOV.UK advises that alterations must follow the correct legal process and notes that marriage generally cancels an existing will in England and Wales.

What Happens If Someone Dies Abroad Without a Will?

Dying overseas does not remove the need to administer the person’s estate at home.

When a person who normally lives in England or Wales dies without a valid will, the intestacy rules determine who can inherit qualifying assets. This can exclude people the deceased may have expected to benefit, particularly unmarried partners, stepchildren, friends and charities.

An overseas death may also involve additional paperwork, such as registering the death locally, obtaining documentation and arranging for the return of personal belongings.

Where someone owns property, bank accounts or other assets in another country, the position may be more complicated. Different succession and tax rules can apply, so specialist legal advice may be needed. A standard UK will should not automatically be assumed to deal effectively with every foreign asset.

H2: What Should Your Family Know Before You Leave?

A will should be stored securely, but it should not be impossible for your executors to find.

Before travelling, make sure the appropriate person knows:

• That you have made a will

• Where the original document is stored

• Who has been appointed as executor

• How to contact the will writer or storage provider

• Where essential financial information can be found

You do not need to share every private detail of your estate. The purpose is to ensure the correct document can be located if it is ever required.

Avoid placing the only original in a home safe if nobody else knows the access code or can obtain entry.

Should You Consider a Lasting Power of Attorney Too?

A will deals with what happens after your death. It does not allow someone to manage your affairs while you are alive.

A Lasting Power of Attorney, or LPA, allows you to appoint trusted people to help make decisions or act on your behalf. There are separate LPAs for property and financial affairs and for health and welfare. An LPA must be registered before it can be used.

This can be relevant if an illness or injury leaves you unable to manage practical matters during or after a trip. However, an LPA should be treated as long-term planning rather than a temporary travel document.

Read our guide to what a Lasting Power of Attorney is or explore our Lasting Power of Attorney service.

Can You Make a Will Shortly Before a Holiday?

A will can be prepared before an upcoming trip, but it should not be rushed at the expense of accuracy.

You will need time to consider:

• What forms part of your estate

• Who you want to benefit

• Who should act as executor

• Whether trusts may be appropriate

• Who should care for your children

• How the document will be signed and witnessed

For a will to be legally valid in England and Wales, it must meet the required signing and witnessing rules. Wills must be in writing, signed voluntarily by a person with capacity and witnessed by two people aged 18 or over.

Professional guidance may be particularly valuable where you have a blended family, a business, overseas property, a vulnerable beneficiary or concerns about someone challenging the will.

Frequently Asked Questions

Do I Legally Need a Will Before Going Abroad?

No. There is no legal requirement to make a will before a holiday. It is nevertheless a sensible time to review your affairs, especially if other people depend on you.

Will My UK Will Still Apply If I Die Overseas?

A properly prepared will may still govern relevant assets in England and Wales, but foreign property and overseas connections can create additional legal questions. Take specialist advice if you own assets abroad or live between countries.

Should Couples Make One Joint Will?

Each person makes their own will. Couples often prepare mirror wills containing similar wishes, but they remain two separate documents.

Can I Leave Everything to My Partner If We Are Not Married?

You can name an unmarried partner as a beneficiary in your will. Without a will, a cohabiting partner does not automatically inherit under the intestacy rules in England and Wales.

How Often Should I Review My Will?

Review it following an important personal or financial change and periodically even when nothing obvious has happened. The aim is to confirm that the people, assets and instructions named in it remain appropriate.

One Less Thing to Worry About Before You Travel

Making or reviewing a will before a holiday is a practical step, not a pessimistic one. Once your wishes have been recorded and the document stored safely, you can travel knowing that an important piece of family planning has been addressed.

London Will Writing has supported individuals and families since 2007, with appointments available at home, by phone, over Zoom or online.

Call 01992 472475 or email info@londonwillwriting.com to get started.

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