Why expats need a will, estate planning, probate, legal guardians, repatriation of remains, and how insurance fits into your estate plan.
Most people avoid writing a will because it forces them to think about death. But dying without a will — called dying intestate — does not just affect you. It affects every person who depended on you, across every country you had assets and obligations in.
For African expats, the situation is more complex than for most people. You may have bank accounts in two or three countries. You may own property in your home country. You may have financial obligations to family members in multiple places. You may be living under the legal jurisdiction of one country while your family and assets are in another. Without a will, sorting out all of this after your death can take years — years during which your family may have no access to your money or assets.
A will is a legal document that clearly states who receives what from your estate when you die. It names your beneficiaries, specifies what each person receives, appoints an executor to manage the process, and in many jurisdictions can specify guardianship arrangements for minor children. Without a will, all of these decisions are made by a court — according to the laws of the country where you die or where your assets are — not according to your wishes.
Having a valid will does not replace insurance. It works alongside it. Insurance pays out directly to named beneficiaries and bypasses the estate. A will covers everything else — property, savings, other assets — and ensures they go to the right people in the right way.
Dying without a will means dying intestate. When this happens, your assets are distributed according to the intestacy laws of the country where you die — or where your estate is administered. These laws have no regard for your personal wishes, your family dynamics, or the specific needs of the people who depended on you.
In most jurisdictions, assets go to the closest legal relatives in a fixed order — typically spouse, then children, then parents, then siblings. If you were not married but had a long-term partner, they may receive nothing. If your children are from different relationships, the distribution may be uneven or contentious. If you have obligations to family members in your home country who are not recognised under the intestacy laws of the country where you died, they may receive nothing.
The complexity multiplies across borders. Your estate may need to go through probate in both the country where you died and the country where you hold assets. Different countries have different rules about who qualifies as a legal heir. Without a will specifying your wishes, family disputes — already painful in bereavement — can become legally complex and enormously expensive.
The cost of not having a will is not just financial. It is emotional. Family members who should be supporting each other through grief can end up in prolonged legal disputes about assets and inheritance. A will prevents this.
Writing a will as an expat is more complex than writing one as a resident in a single country, but it is far from impossible. Here is a practical framework.
Generally, the law of the country where you are domiciled (your permanent home) governs your estate. However, immovable property such as land and buildings is usually governed by the law of the country where that property is located. You may need wills in multiple jurisdictions if you have assets in multiple countries.
Bank accounts in each country, property, vehicles, investments, pension funds, business interests, and any debts. Knowing exactly what you have and where it is makes the will clearer and the estate administration faster.
An executor is the person responsible for administering your estate after your death — paying debts, distributing assets, and dealing with legal and financial institutions. Choose someone you trust who is capable and willing to handle this responsibility. For complex cross-border estates, a professional executor (a law firm or trust company) is often a better choice than a family member.
Be specific. Full legal names, relationships, and if possible, identity document numbers. Ambiguity in a will causes delays and disputes.
Most countries require a will to be signed in the presence of two witnesses who are not beneficiaries. Some countries require notarisation. Check the requirements in each jurisdiction where your will is intended to operate.
Estate planning is the process of organising your financial and legal affairs so that when you die, your assets transfer to the right people in the most efficient way possible — minimising delays, costs, and disputes.
The total of everything a person owns at the time of their death — assets, property, money, debts, and legal obligations.
Estate planning is not just for wealthy people. Anyone who has assets, dependents, or cross-border financial obligations should have at minimum a will, named beneficiaries on all financial products, and an organised record of where everything is and how to access it.
Probate is the legal process by which a deceased person's estate is administered under court supervision. During probate, the court validates the will (if there is one), appoints an executor or administrator, identifies and values all assets, pays outstanding debts, and distributes what remains to the beneficiaries.
The legal process of validating a deceased person's will, settling their debts, and distributing their assets under court oversight.
This varies enormously. In straightforward cases in countries with efficient legal systems, probate can be completed in a few months. In complex cross-border cases — particularly in African countries where administrative systems may be less efficient — it can take years. During this time, assets may be frozen and inaccessible to the family.
Life insurance policies and funeral cover policies with named beneficiaries do not typically go through probate. The insurer pays directly to the named beneficiary — this is one of the most significant practical advantages of having named beneficiaries on insurance products. The money reaches your family without waiting for courts or legal processes.
Life insurance is one of the most powerful tools in an estate plan precisely because it bypasses probate. While your estate may be frozen for months or years in legal processes, your life insurance payout goes directly to your named beneficiary — often within days.
This makes insurance the most important financial tool for providing immediate liquidity to your family after death. Your property may take 18 months to transfer. Your bank account may be frozen pending court orders. But your life insurance pays directly to the person you chose, without delay.
Insurance and a will serve different purposes. Insurance provides immediate liquidity. A will governs everything else. Both are necessary. Neither replaces the other.
When structuring your estate plan, ensure your insurance beneficiary designations are consistent with your will. If you leave everything to your spouse in your will but your life insurance is paid to your parents, your family's financial picture may be very different from what you intended.
A minor — anyone under 18 in most jurisdictions — cannot legally receive a large insurance payout directly. If you nominate a minor as your beneficiary without designating a legal guardian to manage the funds, the payout may be frozen until the child reaches adulthood, or managed by the court through a trust arrangement that removes control from your family entirely.
The solution is simple: when you nominate a minor as a beneficiary, also designate a legal guardian who will receive and manage the benefit on the minor's behalf until they come of age. This should be done both in your insurance policy settings and in your will.
Choose someone financially responsible, someone your child has a relationship with, and someone who is willing and able to take on this responsibility. Discuss it with them beforehand — being named as a guardian without prior consent creates problems. Also ensure the guardian understands they are managing the funds for the child, not for themselves.
Repatriating a body across international borders is one of the most practically and emotionally demanding things a family can face. It involves multiple parties across multiple countries, documentation in different languages, and coordination between institutions that rarely communicate with each other efficiently.
Local authorities in the country of death must issue a death certificate and authorise release of the body. The deceased's home country embassy or consulate must typically issue a repatriation permit or apostille. A funeral home in the country of death must prepare the body for international transport according to international regulations (embalming, hermetic coffin sealing). An airline must be contracted for cargo transport. A funeral home in the receiving country must be arranged to accept the body.
Mutual Life Africa's International Funeral Cover plans include repatriation support — meaning our team coordinates and covers these logistics so the family does not have to navigate this alone during the most difficult moment of their lives.
When a valid claim is submitted and approved, the policy proceeds — the lump sum payout — are transferred via bank transfer to the nominated beneficiary in the currency of the policy. This process bypasses the estate and probate in most circumstances.
However, there are important qualifications. Mutual Life Africa and affiliated Group entities hold a right of first claim against policy proceeds for any outstanding financial obligations. If you have an outstanding loan or debt with any Mutual Life Africa Group entity, that amount is recovered from the payout before the remainder is transferred to the beneficiary.
In cases where the death is under police investigation or where the beneficiary is implicated in the death, the payout is suspended pending the outcome of those investigations. If the beneficiary is subsequently found to have caused or contributed to the death, no benefit will be paid.
This is one of the most misunderstood areas of personal finance and estate planning. The short answer in most jurisdictions is: your beneficiary designation takes priority over your will for insurance and financial products.
A life insurance policy is a contractual agreement between you and the insurer. When you die, the insurer is legally obligated to pay whoever is named as the beneficiary in that contract — regardless of what your will says. If your will says your estate goes to your spouse, but your life insurance names your mother as beneficiary, your mother receives the insurance payout. The will governs your estate, not the insurance contract.
This is why alignment matters. Review your beneficiary designations on all financial products regularly — especially after major life events like marriage, divorce, the birth of a child, or the death of a named beneficiary. A will that is perfectly written but contradicted by outdated beneficiary designations will not produce the outcome you intended.
The most effective estate plan ensures that your will and your beneficiary designations are consistent and complementary. Neither should contradict the other. Review both at the same time, every time there is a major change in your life.
Mutual Life Africa offers life and funeral cover to expats, locals, diasporas, and foreign nationals living and working in foreign countries and across Africa.
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