What if we die?

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Old May 14th 2009, 5:53 am
  #16  
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Default Re: What if we die?

Originally Posted by JAJ
Who told you that? If it was a lawyer, did such lawyer put advice in writing?

Most jurisdictions do have processes to deal with out-of-jurisdiction wills dealing with assets in that jurisdiction. It may be slower and more complex, but it usually can be done.

So if a lawyer is saying otherwise, is that in writing with appropriate legal references? Or just the result of a quick phone call?
Yep it's legit and in writing. I should mention this was the advice from an American lawyer, given the fact we are currently in the States. This lawyer has also handled a lot of people in the same situation.

Last edited by shorrock; May 14th 2009 at 5:56 am.
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Old May 14th 2009, 6:13 am
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Default Re: What if we die?

Originally Posted by Gina123
Im so sorry to post such a depressing question
I hate to depress you even more. I'll think you'll find it's when not if ...
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Old May 14th 2009, 10:46 am
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Old May 14th 2009, 11:51 am
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Default Re: What if we die?

So what if your kids are Australian citizens and you both die and the people that you want to be their guardians live in the UK. Are they able to get PR visas to care for them or would the kids have to go back and live in the UK?
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Old May 14th 2009, 1:25 pm
  #20  
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Default Re: What if we die?

Originally Posted by OzWannabee
So what if your kids are Australian citizens and you both die and the people that you want to be their guardians live in the UK. Are they able to get PR visas to care for them or would the kids have to go back and live in the UK?
Good question!

There is no specific provision in the visa system but there might be scope to get a visa through ministerial intervention if there was a clear impact on the welfare of an Australian citizen child. Not easy, not guaranteed, and would need experienced professional assistance, but not necessarily impossible.
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Old May 14th 2009, 1:27 pm
  #21  
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Default Re: What if we die?

Originally Posted by shorrock
Yep it's legit and in writing. I should mention this was the advice from an American lawyer, given the fact we are currently in the States. This lawyer has also handled a lot of people in the same situation.

Is this American lawyer admitted to practise in the relevant Australian and United Kingdom jurisdictions?

If not, it is unclear how such lawyer is able to advise on how a USA will may or may not be accepted by an Australian or British court or probate authority. Your advice really needs to come from a lawyer in the jurisidction in which you would intend to use a foreign will, not where it was drawn up.
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