Are our English wills legal here?
Nov 27th 2007, 9:13 pm
#16
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Re: Are our English wills legal here?
So is probate granted in the country of residence or country of the will?
UK has inheritance tax, Australia doesn't. How is that resolved?
UK has inheritance tax, Australia doesn't. How is that resolved?
Nov 27th 2007, 9:20 pm
#17
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Re: Are our English wills legal here?
Hi Tracey
I'm not sure what Augigi is saying here. In one post he's saying he imagines your English will would be valid, in the next he's saying that he looked up the wills act and that a foreign will can definately be valid in certain states of Australia, and in the last he's saying that his father is a solicitor and barrister and that wills are valid worldwide. He also says in his last post that his father says it's worth spending $100 to get a new one incase you can't trace witnesses.
I did a search on the forum, "last will and testament" and there are a few threads about wills. It might be worth your while having a look through, or maybe asking a solicitor, either in UK or Australia.
For me it would still be worth $240 just to be on the safe side and make sure that it's our children who get our assets after we've died. As I said before, we have identical wills done both in UK and Australia, this way there can be no doubt about what we want.
If you have a solicitor draw up your will he will have members of his staff witness your signatures and keep the original wills in his files. You have a copy and you can give copies to anyone else you choose for safekeeping. To me this is worth the money it costs
I hope you get a clear answer soon!
All the best,
Maggie
I'm not sure what Augigi is saying here. In one post he's saying he imagines your English will would be valid, in the next he's saying that he looked up the wills act and that a foreign will can definately be valid in certain states of Australia, and in the last he's saying that his father is a solicitor and barrister and that wills are valid worldwide. He also says in his last post that his father says it's worth spending $100 to get a new one incase you can't trace witnesses.
I did a search on the forum, "last will and testament" and there are a few threads about wills. It might be worth your while having a look through, or maybe asking a solicitor, either in UK or Australia.
For me it would still be worth $240 just to be on the safe side and make sure that it's our children who get our assets after we've died. As I said before, we have identical wills done both in UK and Australia, this way there can be no doubt about what we want.
If you have a solicitor draw up your will he will have members of his staff witness your signatures and keep the original wills in his files. You have a copy and you can give copies to anyone else you choose for safekeeping. To me this is worth the money it costs
I hope you get a clear answer soon!
All the best,
Maggie
Last edited by MaggieM; Nov 27th 2007 at 9:22 pm. Reason: spelling
Nov 27th 2007, 11:40 pm
#18
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Re: Are our English wills legal here?
Maggie, I'm not sure where your confusion comes from. Firstly, I am female, as denoted by the little pink "female" sign next to my name.
In each and every post I have said yes, they are valid, which is what was asked in the OP.
However, being valid does not mean it's necessarily the best or most reasonable option, which is why the solicitor I asked said it is probably worth spending $100 to get a local will which is easier to manage.
I'm not sure how to say it any clearer than that.
In each and every post I have said yes, they are valid, which is what was asked in the OP.
However, being valid does not mean it's necessarily the best or most reasonable option, which is why the solicitor I asked said it is probably worth spending $100 to get a local will which is easier to manage.
I'm not sure how to say it any clearer than that.
Nov 28th 2007, 12:17 am
#19
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Re: Are our English wills legal here?
That's not correct.
My father is a solicitor and barrister, and he said they are valid worldwide, provided they are valid in the jurisdiction in which they were written, and provided they were signed in the presence of two witnesses.
However, he said it's worth spending $100 to get a new one, because it may be difficult to find the witnesses' current addresses etc from overseas if they are needed.
My father is a solicitor and barrister, and he said they are valid worldwide, provided they are valid in the jurisdiction in which they were written, and provided they were signed in the presence of two witnesses.
However, he said it's worth spending $100 to get a new one, because it may be difficult to find the witnesses' current addresses etc from overseas if they are needed.
Nov 28th 2007, 12:21 am
#20
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Re: Are our English wills legal here?
Good lord, you try and bloody post to help someone, and you get grief!
Nov 28th 2007, 12:22 am
#21
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Re: Are our English wills legal here?
Hi Tracey
I'm not sure what Augigi is saying here. In one post he's saying he imagines your English will would be valid, in the next he's saying that he looked up the wills act and that a foreign will can definately be valid in certain states of Australia, and in the last he's saying that his father is a solicitor and barrister and that wills are valid worldwide. He also says in his last post that his father says it's worth spending $100 to get a new one incase you can't trace witnesses.
I did a search on the forum, "last will and testament" and there are a few threads about wills. It might be worth your while having a look through, or maybe asking a solicitor, either in UK or Australia.
For me it would still be worth $240 just to be on the safe side and make sure that it's our children who get our assets after we've died. As I said before, we have identical wills done both in UK and Australia, this way there can be no doubt about what we want.
If you have a solicitor draw up your will he will have members of his staff witness your signatures and keep the original wills in his files. You have a copy and you can give copies to anyone else you choose for safekeeping. To me this is worth the money it costs
I hope you get a clear answer soon!
All the best,
Maggie
I'm not sure what Augigi is saying here. In one post he's saying he imagines your English will would be valid, in the next he's saying that he looked up the wills act and that a foreign will can definately be valid in certain states of Australia, and in the last he's saying that his father is a solicitor and barrister and that wills are valid worldwide. He also says in his last post that his father says it's worth spending $100 to get a new one incase you can't trace witnesses.
I did a search on the forum, "last will and testament" and there are a few threads about wills. It might be worth your while having a look through, or maybe asking a solicitor, either in UK or Australia.
For me it would still be worth $240 just to be on the safe side and make sure that it's our children who get our assets after we've died. As I said before, we have identical wills done both in UK and Australia, this way there can be no doubt about what we want.
If you have a solicitor draw up your will he will have members of his staff witness your signatures and keep the original wills in his files. You have a copy and you can give copies to anyone else you choose for safekeeping. To me this is worth the money it costs
I hope you get a clear answer soon!
All the best,
Maggie
Nov 28th 2007, 12:24 am
#22
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Re: Are our English wills legal here?
Oh yes because you may not be able to find the witness I missed that lovely 'I'm talking shite' legalise cover my base bit.
Nov 28th 2007, 12:26 am
#23
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Re: Are our English wills legal here?
Well, since you're not a solicitor, I'll take his advice over yours.
Nov 28th 2007, 12:31 am
#24
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Nov 28th 2007, 12:39 am
#25
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Re: Are our English wills legal here?
So sorry Augigi!
I apologise for not noticing the little pink sign next to your name. Yes! You are indeed female. I can see that now. So sorry for that oversight.
On the validity of English wills in Australia, I thought that you had first said that you "imagined" the English will would be valid. Then I thought that you had said "that a foreign will can definately be valid in certain states of Australia", and that in your next post you said, "my father is a solicitor and barrister and that wills are valid worldwide". You also stated in that post that your father says "it's worth spending $100 to get a new one incase you can't trace witnesses".
Of course, I may still be mistaken. To be honest, I am more concerned that this OP gets a helpful answer to their question. I am only trying to help by giving the advice that I got from our Australian solicitor. He, as well as I, may be mistaken and you may indeed be right in the advice that you have given. If this is the case I may ask for our $240 back.
I still think that the best thing the OP can do is to ask the advice of an Australian or UK solicitor to ensure that their children will be looked after as they would wish if the OP should die.
In my opinion, still, it is worth the $120 per person to have Australian wills drawn up to ensure that your estate is disposed of in the way that you would wish it to be after your death.
Please accept my apologies if I have misread or misinterpreted any of your posts. I do not want to offend anyone. I just wanted to help the OP.
Maggie
I apologise for not noticing the little pink sign next to your name. Yes! You are indeed female. I can see that now. So sorry for that oversight.
On the validity of English wills in Australia, I thought that you had first said that you "imagined" the English will would be valid. Then I thought that you had said "that a foreign will can definately be valid in certain states of Australia", and that in your next post you said, "my father is a solicitor and barrister and that wills are valid worldwide". You also stated in that post that your father says "it's worth spending $100 to get a new one incase you can't trace witnesses".
Of course, I may still be mistaken. To be honest, I am more concerned that this OP gets a helpful answer to their question. I am only trying to help by giving the advice that I got from our Australian solicitor. He, as well as I, may be mistaken and you may indeed be right in the advice that you have given. If this is the case I may ask for our $240 back.
I still think that the best thing the OP can do is to ask the advice of an Australian or UK solicitor to ensure that their children will be looked after as they would wish if the OP should die.
In my opinion, still, it is worth the $120 per person to have Australian wills drawn up to ensure that your estate is disposed of in the way that you would wish it to be after your death.
Please accept my apologies if I have misread or misinterpreted any of your posts. I do not want to offend anyone. I just wanted to help the OP.
Maggie
Maggie, I'm not sure where your confusion comes from. Firstly, I am female, as denoted by the little pink "female" sign next to my name.
In each and every post I have said yes, they are valid, which is what was asked in the OP.
However, being valid does not mean it's necessarily the best or most reasonable option, which is why the solicitor I asked said it is probably worth spending $100 to get a local will which is easier to manage.
I'm not sure how to say it any clearer than that.
In each and every post I have said yes, they are valid, which is what was asked in the OP.
However, being valid does not mean it's necessarily the best or most reasonable option, which is why the solicitor I asked said it is probably worth spending $100 to get a local will which is easier to manage.
I'm not sure how to say it any clearer than that.
Last edited by MaggieM; Nov 28th 2007 at 1:17 am. Reason: missed quotation mark
Nov 28th 2007, 1:02 am
#26
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Posts: 196
Re: Are our English wills legal here?
I didn't make myself clear enough.
Our original wills are held by our UK solicitor and our Australian (Queensland) solicitor. If we were to move to another state in Australia we would again seek legal advice as to whether we needed to make out new wills to ensure that our childrens' inheritance was protected. The $120 +/- each to make out new, identical, wills is well worth it to us. Better that amount spent by us to have howevermany identical wills, than ridiculous amounts made by solicitors when we die to ensure that our children benefit in full from the fruits of my two husbands' efforts to provide for their children.
Our executors have copies, as have we, and also my adult children who will look after our young son in the event of both of our deaths.
The only fee that our solicitors can charge is for the delivery of original wills to our executors.
We have both been around the block too many times to think of wasting one iota of our hard earned accumulated dosh to solicitors, but it is worth the cost to have legal, identical, wills both here and in the UK.
Our main concern is to ensure that our young son is looked after, followed closely by the need to conserve our funds and not have them diminished by the legal profession after our deaths.
No disrespect intended to the legal profession, we just don't see the need to pay out any more than we have to to ensure that our last wishes are adhered to.
All due respect,
Maggie
Last edited by MaggieM; Nov 28th 2007 at 1:17 am.
Nov 28th 2007, 1:27 am
#27
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Joined: Jul 2007
Posts: 136
Re: Are our English wills legal here?
Thorry Thydney!
I didn't make myself clear enough.
Our original wills are held by our UK solicitor and our Australian (Queensland) solicitor. If we were to move to another state in Australia we would again seek legal advice as to whether we needed to make out new wills to ensure that our childrens' inheritance was protected. The $120 +/- each to make out new, identical, wills is well worth it to us. Better that amount spent by us to have howevermany identical wills, than ridiculous amounts made by solicitors when we die to ensure that our children benefit in full from the fruits of my two husbands' efforts to provide for their children.
Our executors have copies, as have we, and also my adult children who will look after our young son in the event of both of our deaths.
The only fee that our solicitors can charge is for the delivery of original wills to our executors.
We have both been around the block too many times to think of wasting one iota of our hard earned accumulated dosh to solicitors, but it is worth the cost to have legal, identical, wills both here and in the UK.
Our main concern is to ensure that our young son is looked after, followed closely by the need to conserve our funds and not have them diminished by the legal profession after our deaths.
No disrespect intended to the legal profession, we just don't see the need to pay out any more than we have to to ensure that our last wishes are adhered to.
All due respect,
Maggie
I didn't make myself clear enough.
Our original wills are held by our UK solicitor and our Australian (Queensland) solicitor. If we were to move to another state in Australia we would again seek legal advice as to whether we needed to make out new wills to ensure that our childrens' inheritance was protected. The $120 +/- each to make out new, identical, wills is well worth it to us. Better that amount spent by us to have howevermany identical wills, than ridiculous amounts made by solicitors when we die to ensure that our children benefit in full from the fruits of my two husbands' efforts to provide for their children.
Our executors have copies, as have we, and also my adult children who will look after our young son in the event of both of our deaths.
The only fee that our solicitors can charge is for the delivery of original wills to our executors.
We have both been around the block too many times to think of wasting one iota of our hard earned accumulated dosh to solicitors, but it is worth the cost to have legal, identical, wills both here and in the UK.
Our main concern is to ensure that our young son is looked after, followed closely by the need to conserve our funds and not have them diminished by the legal profession after our deaths.
No disrespect intended to the legal profession, we just don't see the need to pay out any more than we have to to ensure that our last wishes are adhered to.
All due respect,
Maggie
You wouldn't happen to know how old elder children need to be to take over the care of younger siblings should the worst occur. This thread has really got me thinking as in the Uk we have always had assurances from family that they would all look after our children, but i suppose once we move to Aus and time moves on its possible that family now may become strangers to my children. I have a daughter who will be 17 when we leave for Aus and now I am wondering whether I should ask her how she would feel about taking responsibility for the younger ones in the future if we die, but then worrying about whether this would be fair as she is still young herself. Any advice welcome.
Nov 28th 2007, 1:35 am
#28
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Posts: 196
Re: Are our English wills legal here?
Hi Maggie
You wouldn't happen to know how old elder children need to be to take over the care of younger siblings should the worst occur. This thread has really got me thinking as in the Uk we have always had assurances from family that they would all look after our children, but i suppose once we move to Aus and time moves on its possible that family now may become strangers to my children. I have a daughter who will be 17 when we leave for Aus and now I am wondering whether I should ask her how she would feel about taking responsibility for the younger ones in the future if we die, but then worrying about whether this would be fair as she is still young herself. Any advice welcome.
You wouldn't happen to know how old elder children need to be to take over the care of younger siblings should the worst occur. This thread has really got me thinking as in the Uk we have always had assurances from family that they would all look after our children, but i suppose once we move to Aus and time moves on its possible that family now may become strangers to my children. I have a daughter who will be 17 when we leave for Aus and now I am wondering whether I should ask her how she would feel about taking responsibility for the younger ones in the future if we die, but then worrying about whether this would be fair as she is still young herself. Any advice welcome.
I will PM you as don't want my kids details on forum.
Maggie
Last edited by MaggieM; Nov 28th 2007 at 2:09 am.
Nov 28th 2007, 6:41 am
#29
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Location: In a world of my own where I know everyone
Posts: 15,042
Re: Are our English wills legal here?
Hi Maggie
You wouldn't happen to know how old elder children need to be to take over the care of younger siblings should the worst occur. This thread has really got me thinking as in the Uk we have always had assurances from family that they would all look after our children, but i suppose once we move to Aus and time moves on its possible that family now may become strangers to my children. I have a daughter who will be 17 when we leave for Aus and now I am wondering whether I should ask her how she would feel about taking responsibility for the younger ones in the future if we die, but then worrying about whether this would be fair as she is still young herself. Any advice welcome.
You wouldn't happen to know how old elder children need to be to take over the care of younger siblings should the worst occur. This thread has really got me thinking as in the Uk we have always had assurances from family that they would all look after our children, but i suppose once we move to Aus and time moves on its possible that family now may become strangers to my children. I have a daughter who will be 17 when we leave for Aus and now I am wondering whether I should ask her how she would feel about taking responsibility for the younger ones in the future if we die, but then worrying about whether this would be fair as she is still young herself. Any advice welcome.
I'm glad you haven't fallen for the we'll execute your will crap from your lawyer
Nov 28th 2007, 6:43 am
#30
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Location: In a world of my own where I know everyone
Posts: 15,042
Re: Are our English wills legal here?
Hi Maggie
You wouldn't happen to know how old elder children need to be to take over the care of younger siblings should the worst occur. This thread has really got me thinking as in the Uk we have always had assurances from family that they would all look after our children, but i suppose once we move to Aus and time moves on its possible that family now may become strangers to my children. I have a daughter who will be 17 when we leave for Aus and now I am wondering whether I should ask her how she would feel about taking responsibility for the younger ones in the future if we die, but then worrying about whether this would be fair as she is still young herself. Any advice welcome.
You wouldn't happen to know how old elder children need to be to take over the care of younger siblings should the worst occur. This thread has really got me thinking as in the Uk we have always had assurances from family that they would all look after our children, but i suppose once we move to Aus and time moves on its possible that family now may become strangers to my children. I have a daughter who will be 17 when we leave for Aus and now I am wondering whether I should ask her how she would feel about taking responsibility for the younger ones in the future if we die, but then worrying about whether this would be fair as she is still young herself. Any advice welcome.
