ben_g

Hello all,

I've just bought a "Last Will and Testament" DIY kit from WHSmith as additional evidence for spouse visa.

We both intended to make wills, but can my OH (Australian) complete an English will? Or should just I do one for the purposes of the visa?

Thanks!

Ben

JAJ

Does your husband have an Australian will, and was such a will made before you got married?

ben_g

Hi JAJ,

No, she doesn't currently have a will, and we are unmarried (de facto).

Thanks

Ben

JAJ

Apologies ... I saw "OH" and assumed "husband."

In that case it would be a good idea to make a will in England. Is she a British citizen or permanent resident, and is there any plan to get married?

The will can be replaced once you both get to Australia.

ben_g

Doesn't it stand for other half?

Thanks for advice - we'll go ahead with one in UK and then replace in Aus.

TheSandisons

Don't replace in Aus if you keep any sort of assets in UK, have an additional one covering assets in Aus. You should carry on with a UK will covering UK assets otherwise things can get complicated. Marriage does make any will invalid unless made in contemplation of marriage so keep that in mind (UK not sure about Aus).

JAJ

If there are substantial assets in the United Kingdom then a separate British will may make sense. Otherwise, you have to be very careful the two wills do not contradict each other => that is a mess.

It is possible, as far as I know, for an Australian will to be accepted in the United Kingdom, and vice versa.