Superduper

Hi! A bit of a grim topic, but something that's quite important at any age.

Its very possible that my wife and I will be moving to the states (O1 approved on friday, whoop whoop!) and I was wondering how wills work with regards to assets split across different nations. Would I have a UK will for the UK stuff and a US one for the US stuff? Would a will set in one country be legal for all countries?

Thanks!

dunroving

I was advised to write a US will as a UK will won't be valid in the US. I don't think you need to necessarily have a US will for US assets and a UK will for UK assets. Probably the most logical thing to do would be to have two exact same versions of your will, one legal in the US and one legal in the UK. (It may be that if you have a lot of legally complicated clauses they may not be applicable in both countries, however).

I'd take your UK will to a US attorney when you get there and ask if you can simply replicate it to be legal in the US.

Ray

Have one will valid for your US assets in the appropiate method of your State ..they vary

and one for your UK assets

Bill_S

I doubt a UK will would be of any help in the US. You'll need a US will, and powers of attorney would be a good idea as well. As Ray says, estate laws vary from state to state, so consult an estate-planning lawyer when you are settled in the US. You might have trouble with an executor if you have no family or friends in the US. When Mrs Bill and I went through this exercise a few years ago, our lawyer strongly recommended the executor live in the same state (Ohio)... he said a foreign executor (my family is in Canada) would be a very bad idea. I don't recall asking him what we would do if there had been no choice in the matter.

Bob

As mentioned, state specific will for where in the US, and one for the UK....and then don't die because unless your a USC, you'll be raped and pillaged on inheritance allowance.

TruBrit

we have two Wills - USA and UK however you must make sure they do not conflict with each other.

Thydney

You cannot have two wills any new will invalidates any previous wills, the clue is in the LAST will and testament. You should make a will and ad that you have assetts in another country that you wish to be distributed as per your wishes and that this distribution should be goverened by the laws of the land it is distributed in.

Ray

A very good point ....seems a good few lawyers disagree though

TruBrit

exactly, and that's how ours stands. you are correct in saying the Last Will and Testament. both our Wills read as one incorporating our worldwide assetts.

Thydney

American Lawyers? The thing is it's sensible to do that but the law isn't sensible and, as with most things it works until someone throws a spanner in the works and challenges it then they drag the 19th Century law books out.

Ray

Thats very true ..it was two UK solictors actually ...

Thydney

Now thats worrying