Why a will matters more across borders

Without a will, the law decides who inherits, and the law is usually that of the country where you live when you die. For someone who has moved, or may move, that law can be hard to predict, and it may differ from what your family expects. A will lets you:

  • choose the governing law for your whole estate;
  • decide who gets what, within the limits of the reserved share;
  • name an executor, which is useful when the heirs live in different countries;
  • reduce the room for disputes between heirs.

Choosing the law of your nationality

Under the EU Succession Regulation, you can choose, in a will, the law of the country whose nationality you have, either when you make the choice or at your death. With two nationalities, you can choose either.

The choice should be made expressly: a clear sentence that the law of a named country governs your succession. A choice can also be implied by the terms of the will, but that invites argument. Without a choice, the law of your habitual residence at death applies, which is explained in which country’s law applies to an inheritance.

For wills made before 17 August 2015, there is a transitional rule. If the will was made under the law the person could have chosen, that law is treated as chosen. In the E.E. case, a will made before a Lithuanian notary in 2013 by a Lithuanian living in Germany was treated as a choice of Lithuanian law.

A choice of law in a will does not decide matrimonial property. The surviving spouse’s share of joint property is worked out first, under the law that governs the marriage. If you have a marriage contract, read it together with your will. See dividing property when assets are in several countries.

Types of will in Lithuania

Official will

An official will is made in writing in two copies and certified by a notary, or by a Lithuanian consular officer abroad. The testator signs it, it is registered in the notarial register, one copy stays with the notary or consulate, and the fact that it exists is reported to the will register. Its content stays confidential.

This is the safest format. The fact that it was made cannot be disputed, the original cannot be lost, and the notary dealing with the estate will find it through the register.

Personal will

A personal will is written entirely by hand by the testator. It must show their name and the date and place where it was written, express their wishes and be signed. It can be in any language. Corrections in the testator’s own hand do not invalidate it, but an obviously unfinished or unsigned will is invalid.

The risk is what happens after death. A personal will can be:

  • deposited in a sealed envelope with a notary or a Lithuanian consular officer, following a set procedure. It then has the same standing as an official will;
  • kept at home. Then it must be submitted to a court for confirmation within one year of the death. Only a confirmed will is valid.

A will that has been lost has no effect, and its content cannot be proved in court.

Joint will of spouses

Spouses can make a joint will, in which each leaves their whole estate to the other, and they can name who inherits after the second death. It can be made only as an official will. Rules to know:

  • either spouse can revoke it during their joint lives, and then it ends for both;
  • it ends automatically if the marriage is dissolved, or once divorce proceedings are started or a spouse agrees to divorce;
  • after the first death, the survivor cannot change it, but can refuse the inheritance and make a new will;
  • the reserved share of other relatives still applies.

International couples should check whether a joint will is recognised in the other country concerned. Not every legal system accepts them.

Wills made abroad

A will made abroad is valid as to form in Lithuania if it complies with the law of any of these:

  • the country where it was made;
  • a country of the testator’s nationality;
  • the country of their domicile or habitual residence, either when the will was made or at death;
  • for real estate, the country where the property is located.

This covers most carefully made wills. Form is only part of it: what the will can achieve still depends on the law that governs the estate.

If there is no will

When Lithuanian law applies and there is no will, heirs inherit in order:

  1. children, including adopted children;
  2. parents and grandchildren;
  3. grandparents and great-grandchildren;
  4. brothers and sisters, and great-grandparents;
  5. nephews, nieces, aunts and uncles;
  6. cousins.

A later group inherits only if there is no one in the earlier group, or they all refuse or are excluded. Grandchildren take the share of a parent who died before the deceased.

The surviving spouse inherits alongside the first or second group. With children, the spouse receives a quarter of the estate if there are no more than three children, and an equal share with them if there are more. With the second group, the spouse receives half. With no one in either group, the spouse inherits everything. An unmarried partner does not inherit without a will.

The reserved share

Under Lithuanian law, a will cannot fully exclude the deceased’s children, spouse or parents who needed support at the date of death. They receive half of what they would have inherited without a will, unless the will gives them more. Disputes over this are covered in inheritance disputes.

Practical points

  • Keep a list of your assets in each country and update the will when it changes.
  • Tell your executor or heirs where the will is.
  • Review the will after marriage, divorce, a move abroad or a new child.
  • If you have assets in a country outside the EU, check how that country treats your will.