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Estate Planning and Wills

Estate Planning and Wills

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Old Feb 11th 2008, 2:44 am
  #61  
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Default Re: Estate Planning and Wills

Originally Posted by JAJ
In that case maybe you can explain in a little more detail why that is the case under the law, and not just make a sweeping statement like that.

Just because you have been involved in this area before does not automatically mean you are right, with respect.

And even if you are right with respect to England and Wales law, does it matter if the property concerned is situated in another jurisdiction with a different viewpoint?
Without appearing a smart alec it is because that is the law, the idea is that as life changes your Will may change and come the day of your demise something has to decide which is the Will to be used so they assume that the last one you made would reflect your most recent wishes.

Many of the laws date back to the Napoleonic wars for instance if a husband and wife die in a car accident and it cannot be established which died first the law decides the eldest died first.


The most prudent way to deal with this in my (unlegal advice) opinion is to have a Will that that includes 'both' Wills stating that you wish your property to be distributed under each countrys laws.

A Will is basically an expression of your wishes it can be changed after your death. If something is vague you may just find some geriatric old fart of a judge making a decision on your behalf. Most problems only start when families fall out and it ends in court then the law is applied and everyone knows what an ass the law is.
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Old Feb 11th 2008, 3:33 am
  #62  
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Default Re: Estate Planning and Wills

Originally Posted by Thydney
Without appearing a smart alec it is because that is the law,

Which law?
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Old Feb 11th 2008, 3:34 am
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Default Re: Estate Planning and Wills

Originally Posted by JAJ
Which law?
You want the Act of Parliament ?
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Old Feb 11th 2008, 3:36 am
  #64  
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Default Re: Estate Planning and Wills

Originally Posted by Thydney
You want the Act of Parliament ?
It would be a good start to a reasoned discussion.
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Old Feb 11th 2008, 3:39 am
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Default Re: Estate Planning and Wills

Originally Posted by JAJ
It would be a good start to a reasoned discussion.
LOL mate I'll need to find my old books before I can give you those. It's been a while.

Quick google Wills Act 1837

no will or codicil, or any part thereof; shall be revoked otherwise than as aforesaid, or by another will or codicil executed in manner herein

Last edited by Thydney; Feb 11th 2008 at 3:46 am.
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