Wills in the BVI: When They Are Necessary and Key Considerations

For individuals holding international assets, succession is a critical matter that requires careful planning. Assets located in the British Virgin Islands (BVI)—such as interests in BVI Business Companies, real estate, or investments—are subject to local succession laws.

Although a foreign will (such as a Brazilian will) may be recognized in the BVI, the validation process—known as probate—is often slow, costly, and bureaucratic, potentially freezing asset management for months or even years.

The use of succession planning tools—such as trusts, JTWRS, share classes, and others—is essential. Alternatively, the preparation of a local will (a BVI Will) is an efficient and legally secure measure designed to mitigate these risks.

Benefits of a BVI Will

• Faster probate process – Significantly simplifies the process of obtaining the Grant of Probate in the BVI;

• Legal alignment – Ensures that the disposition of local assets fully complies with BVI succession law;

• Specific appointment – Allows for the designation of an executor for BVI assets, who may be a qualified local professional;

• Structural integration – Facilitates coordination with other planning structures, such as trusts, foundations, and BVI Business Companies.

  
  

Aurora advises clients and partners on assessing the need for a will and on coordinating with specialized BVI counsel.