OceanWanderer79

Hello!

I was wondering how the other forum members handled the drafting of their wills?

I was born in the UK, and have permanent residency in SA. I am about to get married to a South African and need to draft a will to ensure she will inherit my UK Assets (house/shares/cash etc), the SA portion is very straight forward I was wondering how to go about ensuring that she will inherit my UK assets (house/shares/cash etc)?

Thanks

David

Mitzyboy

I cant speak 100% for SA Laws etc, but the general option is to make two wills, each mirroring each other. Usually the UK will (place of your citizenship) is the one that takes precedence, but unless someone has any first hand knowledge of this I would suggest contacting a solicitor who has knowledge of both systems so you can ensure you get it right

MartynK

I have some - very general - understanding of what this may involve, but I'm not a lawyer and this is just personal advice.

This could get complicated. Your citizenship, domicile, habitual residence, whether there are any potential claimants overseas, and the laws of the other jurisdiction may have a bearing on the matter. There's some risk of your estate incurring significant costs, and your wishes being set aside, if you don't follow the correct processes in drawing up your will.

I'd strongly recommend that you consult a South African attorney with experience in dealing with estates and preparing wills which have international implications. The Law Society should be able to suggest someone if necessary, but I'd avoid the big commercial firms. They're very expensive and don't normally do this sort of work, unless you're a high net worth client.

I wouldn't instruct lawyers in SA and the UK to prepare two wills at this stage. An SA attorney who practices this sort of law will have a relationship with a UK firm that he is used to working with, and understands what's involved. Let him sort it out.

Mitzyboy

Yes, thats why I suggested contacting solicitors. The residency and citizenship issues can often overlap. In Spain for instance you have to leave your estate divided between members of the family, i.e. spouse, son, daughter in equal parts, however UK law doesnt allow for this. But because there is an agreement between the countries, and if the wills are drawn up correctly, then the UK will takes precedence. Just goes to show how difficult it can be, and best left to the experts

lf1

The advice I was given by solicitors on both sides of the pond (Canada & Scotland) was to have a Will drafted in each country.

MartynK

Yip, and there can be a further complication. There's no UK law on this, Scots and English law differ significantly, and I would expect any agreement between the UK and Spain (for example) to take cognisance of this. I simply don't know if SA has any similar agreement. The OP doesn't state whether there is anyone in the UK who may have a potential claim on the estate, but I would assume so, or none of this would really be at issue. Their relationship to the testator might then become relevant. Professional advice is essential here.

OK, that might well be the best way to deal with this, but I wouldn't instruct two lawyers myself. They'll have to cooperate, to ensure that the wills are consistent with each other, and I think it would be much easier to instruct a local attorney and let him liaise with a firm in the UK that he has a relationship with.

lf1

I dealt with two solicitors and it was very simple. One Will deals with Cdn assets and the other Will deals with Scottish assets.

sheba88

Interesting---What happens if you receive a UK pension and pass away,does the pension become your UK assetts and do you need this listed in a UK will?

Mitzyboy

A private pension?

What happens is that unless it has been protected, the insurance company steals what is left in the annuity pot and nothing goes into your estate

sheba88

N0,I meant a UK Statepension!

MartynK

Have a look here: http://www.nidirect.gov.uk/what-happ...n-when-you-die. I think it will answer your questions better than we can!

JAJ

Really not simple at all. There's no such thing as a "Canadian" will since it's provincial jurisidiction. Do you plan to have a will for every Canadian province where you have assets.

Having two wills is usually a bad idea. Usually one will is enough. As far as I am aware, Scotland will accept wills from most/all Canadian provinces for probate. Although the process may be more complex than for a local will, it's preferable to the confusion that arises from having two.

One will for Canadian assets and one for Scottish? What happens if you have assets located somewhere other than Canada or Scotland?

MartynK

This is potentially complicated, but doesn't need to be too difficult.

Some jurisdictions allow you to bequeath your assets more or less as you please, others prescribe specific rights for surviving spouses and children. That's the first problem. The second one is how you are married in SA. The law recognises marriage in community of property, by antenuptial contract and by antenuptial contract with accrual, and there are some variations on these options. The third issue is whether there is any sort of international agreement between the two countries governing this sort of thing. The fourth, and least manageable, problem is that any will can be contested on specific or general grounds.

Just instruct a lawyer who is familiar with this type of situation, it's common enough. Explain your position, what you want to do, and let him/her sort it out. Get a second lawyer, in the other country, if you like but I wouldn't. It's far easier to deal with a local lawyer and he/she will liaise with an overseas lawyer if necessary, there's no need for you to get involved in this.

wade

are you still intrested in assistance with your U.K pension?

ededed

Suspiciously like soliciting for business.... Watch it....