ElizabethK

Does anyone know if a Will drawn up in United Kingdom covers assets we have in USA?

Also, anyone know of any strange tax implications due to the fact I am now a US citizen and my Husband is still Permanent Resident status?

If no-one knows, can anyone give the name of a good lawyer used to dealing with US/UK Wills please?

Folinskyinla

Hi:

I will not begin to go into the details of this, but some general principles:

A will "speaks" as of the time of death;

A will is valid if valid under the law of the time and place where it is executed.

An estate will be "administered" in the person's place of residence as of the time of death.

As a general rule, the administration covers all personal property, where ever located. It does NOT cover real property outside of the jurisdiction where the estate is administered. It is then necessary to set up an "ancillary" administration.

The tax consequences are way out of my baliwick -- but some do exist.

Do get that lawyer you are asking about.

lisa67

I've been told by a friend of mine(Brit) that a UK will not apply if I peg it over here and that the State can take everything..she got a new will made out...I'm looking for an attorney!

Ray

Lots of disagreement about this...

But I have one for my US assets

and another for my UK assets

lisa67

so who gets my kids?? are they seen as US assets or UK assets...or shall I just sell them because they've been a pain in the ar*e today?

Ray

If they are US based ..then they go in the US will ...

scrubbedexpat099

Live forever

Problem solved

Folinskyinla

Hi:

LOL. Even if the will was not recognized, it would then flip over to intestate succession.

Folinskyinla

Hi:

Without seeing those wills, the idea of having two of them strikes me on the dangerous side and makes me shudder a tad. They may be just fine and dandy -- but at least YOU will not be around when those wills "speak."

On that score and somewhat OT, an interesting case is http://www.uchastings.edu/site_files...1LucasHamm.pdf -- BTW, in regards to the copyright noted at the end of the note, the link has none of the stuff actually subject to Thomson-Wests' copyright. I use WestLaw and I'm very well aware what is subject to the copyright and what is not.

lisa67

Interesting news...I'll let her know...she'll be really pleased considering she spent at least $1000 getting it drawn up...they must have seen her coming

Ray

My 44 year old cousin died a few months back ...
he had three wills ..US. UK... and Poland ...

everything was sorted very quickly ...
with no problems

TruBrit

interesting as one's Will states 'My Last Will and Testament' so one cannot have more than one 'Last Will' making all copies of old and prior Wills previously executed null and void.

Ray

but some places will not accept wills not in that countries
format it seems... some have different requirements
i.e. number of witnesses..

As I said.. there seems to be varied thoughts on this ...

TruBrit

yep, that's why i said interesting as i've read of some very sad stories over Wills these past few yrs.

Ray

Of course thats for people with money
Fortunately I don't have with that problem ...