Nickw_2308

I'm sure like a lot of people on this site I have assets/pensions both in the US and back home in the UK. I was just wondering if I make a will in the US whether it will have any legal validity in the UK or do I need to do one in both Countries. Has anybody any experience of doing this sort of thing?

md95065

Some people choose to execute wills in each country where they have assets. This simplifies some things because then you know that each will is in a form that will be acceptable to the local courts. In my opinion it also has the potential to complicate things if there are any inconsistencies between the different wills and someone attempts to contest them. It may be possible to minimize this risk by putting language into each will that makes it clear that it only covers the disposition of certain assets.

Note that it is often possible (and desirable) to deal with assets such as pension plans, retirement accounts and life insurance by simply naming the beneficiaries on that particular account and not having it go through probate at all.

You should seek advice from lawyers in both countries about this.

im9907620

Previous poster is correct. Better to do one for each country that you have assets but each must make it clear that they are only dealing with the assets of that particular country. Pensions are held in trust anyway but you should make a nomination to the pension trustees/firm as to whom and what share you want to pass on. Bear in mind that a US beneficiary of a pension trust will have reporting obligations unless they are just a discretionary beneficiary of a separate trust created at death. Immoveable assets like property are subject to tax (if applicable) in the country of situ unless held through a company.

S Folinsky

You need a legal consultation.


In general, it might ease your mind to remember that for purposes of testamentary descent [wills and estates], each U.S. state is as if it is a separate country -- IOW, a US lawyer will know more than you might think.

I'm not giving any legal advice at all -- but the twice repeated advice of the possibility of two different wills does prompt my recommendation to seek further legal advice. Remember, if you make a mistake regarding distribution of your property after your death, it will be too late to correct it.

md95065

Where did you see "advice of the possibility of two different wills"?

The way that I intended my post to be read was:

• an observation: "Some people choose to execute wills in each country where they have assets."
• an opinion: "In my opinion it also has the potential to complicate things ..."
• advice: "You should seek advice from lawyers in both countries about this."

dunroving

Maybe your Post #2?

"... it also has the potential to complicate things if there are any inconsistencies between the different wills and someone attempts to contest them"

- I didn't see it repeated twice, though ...

lansbury

post #3

Our lawyer said one will was sufficient but advised we name an executor in each country to deal with the assets in their respective countries purely from the point of making easier for them to be able to deal with things.

JAJ

As long as England and Wales (or Scotland / Northern Ireland as applicable) will accept a USA will on an "out of jurisdiction" basis.

You should consider any liability of the estate to UK Inheritance Tax. IHT will always apply to UK assets (above the nil rate band) but in order to avoid it being levied on your worldwide estate you need to establish that you are no longer "domiciled" in the UK.

Leaving behind assets in the UK isn't a good start in that respect, as it indicates a possible retention of a UK domicile. On the other hand, if you have become a US citizen and made a will under USA law, that's a strong indication you have permanently settled in the USA and will never be returning to the UK.