grapii

Hi All,

We're planning on moving to Aus in November, hopefully for good. In the UK we've just rented out our property and have several UK bank accounts.

My wife and I have never setup a will, I know tut tut..

Anyway as we're moving to Aus, what should I do regarding setting up a will??

1. setup one in the UK for the UK assets and then another one in Aus for any Aus assets? (means have 2 wills)
2. setup one in the UK for UK assets, and then amend to add Aus assets onto it? (not sure if this is possible)
3. setup one in Aus to cover both UK assets and Aus assets? (again not sure if this is possible)

What do you think would be the best solution?

Thanks

PaulandNic

Sorry, thought Prince William was thinking of moving down under.

As you were.

JAJ

Having two wills complicates matters normally.

Unless England refuses to probate non-English wills, usually you can cover Australian assets with an English will.

So what you should do is:

- Make an English will today.
- Once settled in Australia, replace it with an Australian will.

RossCountyLoyal

You have to ask yourself if it really matters that much. Will YOU feel it more if you die in Uk or Aus ?

Smell the flowers while you can.

rammygirl

Strange. We have assets (cash and property) in both Oz and UK and were advised by solicitors in both countries to have 2 separate wills. A UK will to cover the UK assets only and a SA will for the Oz assets only. The wills are worded very differently even though they actually mean the same thing in terms of the inheritance. The Oz wording is more old fashioned and long winded ( runs to 2 extra pages) and the UK one is in plainer English and would not have been accepted in SA for probate. The signing regime is also very different.

So if you are just going to do a UK will make sure they run it past an Oz lawyer in the State you will be in (there could well be differences) to be sure it will be accepted. TBH we thought of this but the Oz lawyer wanted to charge more for that than to do us the wills!

Both wills mention each other the UK will is stored in the UK with a copy of the Oz will and vice versa.

JAJ

Firstly, normally if you are going to live in Australia you should make an Australian will. Only then do you consider if you need any parallel will in another country.

Secondly, most jurisdictions do recognize probate granted in another jurisdiction. Only in specific cases do they not. South Australia appears to do so, see section 17 of the Administration and Probate Act 1919 (current version):
http://www.legislation.sa.gov.au/LZ/...CT%201919.aspx


Also understand there is no such thing as a "UK will" - there is an English (including Wales) will, a Scottish will or a Northern Irish will. All of these jurisdictions are separate.

Similarly in Australia, wills and estates are a state matter. Do you have a separate will if you keep your bank account in Sydney or Melbourne?

Bermudashorts

If somebody lives in Australia but assets are all back in the UK would it be better to have a UK will than an Australian one?

carolinephillips

We have a UK will, but have been advised to get an Australian one, as our UK one is not legal over here. It would be a guideline only as to our wishes and not legally binding. We've been here 3 years now, and still haven't got around to it.

Cheetah7

Mr PP and I are going to do our wills, we dont want our family included in them at all, I am wondering how hard it would be if either of our families wanted to contest it to claim their share and is it possible to make it 'water tight' so to speak so our wishes are respected?

ayanem

"This is the last will and testament . . ." How can there be more than one will?

However, it appears that whenever you ask a lawyer for advice, the advice is that you need another will from them.

moneypenny20

Do you have a link showing that a UK will is not legal over here? I've heard this before but have never found actual proof and as has been said, surely a 'last will and testament' is just that, regardless of where it was written.

JAJ

Lots of people say that (never with any supporting evidence) but in fact, most jurisdictions do have provisions to accept "out of jurisdiction" wills and/or recognise probate granted in another jurisdiction. See post #6 above for South Australia.

Probably another one of these urban myths that circulates.

That said, it is usually still best to have your will in the jurisdiction where you are a permanent resident. If nothing else, it helps to show that you have shed a UK domicile which normally you want to do.

carolinephillips

Both my financial adviser and my friend who is a solicitor said this, so I believed them.

JAJ

Interesting. You appear to be in NSW, so did your solicitor consider section 48 of the Succession Act (NSW) 2006?
http://www.austlii.edu.au/au/legis/n...act/sa2006138/

Also section 107 of the Probate and Administration Act (NSW) 1898?
http://www.austlii.edu.au/au/legis/n...t/paaa1898259/

Under those provisions, there is no reason to suggest that a valid will from a United Kingdom jurisdiction would be invalid in NSW.

And by the way, if a will is deemed invalid, it's not "used for general guidance" as you suggest - instead the statutory provisions on intestacy apply.


The advice you received is almost certainly correct in principle - an out of jurisdiction will is normally inappropriate for your needs but that's not the same as it being invalid. However, if your life is now in NSW, you should make a NSW will immediately.

Also think about provisions for guardianship of children, and it's also a good time to review or set up a living will. And review if you have enough life insurance to cover the period of time until your children have grown up.

grapii

I think I'm even more confused now