shiels

I presume wills are legal wherever you live in the world, can anyone confirm this for me???
And if you had'nt made one before your move to Aus would it be best to do one before leaving the UK or waiting until you arrive in Aus? C x

NedKelly

You should always have a will. Get one done in the UK NOW and discuss making a new one with a solicitor when you get here.

Ozzidoc

This is also my understanding, however whenever I change countries I make a new will, cos I review my situation.

Also, different countries/states have different inheritance tax laws. eg some state that the inheritance tax laws relate to where the assets were redeemed. So, if you in Oz leave your kids (who live in UK) £250,000 worth of Shell shares, they can be sold in NZ where they are not taxable (or are at a lot lower rate).....just raising the issue rather than trying to advise

jo andy + 2

Hi, (im new as of today)

We had a will specialist came to our house a few weeks ago to do a joint will, but once he realised we were (hopefully) off to oz for good he said the will would be invalid outside of uk. Im sure this must be correct as he drove half an hour to us for the appointment and it was going to cost 80.00.

hope this helps

shiels

So its best to wait until we get to Australia then............. C x

Jaycee1

Good god woman you are sooo organised!! I haven't even bought a ring or dress yet
J x

shiels

Im afraid its all to do with my starsign....Pisces.

Seriously though we were going to do one a few years ago but it didnt go down to well with a family member when they knew about our plans for our kids....... C x

Jaycee1

I'm an Aries - they must have edited the organisation section from my starsign then eh?
Why what are you doing with your kids :scared: :scared:
Insuring them and loosing them? Tried it already
J x

shiels

We wanted to leave them with a sister should anything awful happen to us, but the other sister was not impressed!!!!!!! She now has her own child and our intention remains the same so we just should have done it years ago, should'nt we???? Have you got a will? C x

JAJ

I would like to see the "law" that states that. There is absolutely no reason why a UK will should be invalidated by moving outside the UK. HOWEVER it is advisable to have your will drawn up under the law of the same jurisdiction where most of your assets are located.

Hels Bells

Ok, my understanding on the Wills issue is this....

A UK will is not 'invalid' when you leave the UK, unless you have nothing left in the UK. If you are leaving property etc, then you must have a current UK will.

If you have nothing left in the UK and are buying here in Australia and have all your assets here, then you need an Australian Will.

A UK Will wont cover Australian Assets and visa versa....allegedly

shiels

Thanks everyone...... C x

JAJ

Is that what you just think, or do you know it for a fact?

Hels Bells

This is what we were told when we came to Australia to get married and had a will done as we were leaving money we got as a wedding present in an account here. The solicitor told us that while we had assets in both countries we needed a will for both countries.

JAJ

I have had similar (detailed) discussions with solicitors and the conclusion is that the opposite is the case - there is no reason why an Australian will cannot be probated in England and Wales or vice versa.

Think about it - how many persons resident in England and Wales have separate wills to cover assets located in Scotland or Northern Ireland?

Your will should normally be in the jursidiction where most of your assets are, that makes things simplest.

Once again, it is possible to have two wills if you have *significant* assets located in two jurisdictions. Sometimes this does make sense. But you need to be really careful to ensure that the different wills do not contradict each other as then you have a total mess on your hands.