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US (Utah) resident UK Will

US (Utah) resident UK Will

Old Dec 19th 2017, 3:59 pm
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Default US (Utah) resident UK Will

Hi Folks,

Bit of legal advice if you will - sorry! Gonna open up thoe whole 'will' question previously debated here: http://britishexpats.com/forum/usa-5...-wills-572801/

I am an LPR living in Utah and currently have a will written in the UK. The wording of which covers all my worldly assets - dividing same between relatives, charities etc.

I cant find any reason why the US/Utah would not respect this or that I'd need a 2nd will. As my lawyer wife points out you can only have 1 will - the last one you wrote, which ever country you wrote that in.

Coupled with the fact that the post listed above seemed inconclusive - Ray advocating a will in each territory etc., but that it worked?

Sorry to open the can of beans again on this but any guidance appreciated as I am considering writing a US will as I live here that duplicates my UK will but its contents will be identical.

.....Or could I write a will here that says "Please abide by the instructions in this document and refer to the UK will".

Thanks.
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Old Dec 19th 2017, 7:03 pm
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Default Re: US (Utah) resident UK Will

My prior BE incarnation was "FolinskyInLA." I used to be much more active until the rudeness in these forums got way too annoying. Ray was giving his lay opinion.
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Old Dec 19th 2017, 7:14 pm
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Default Re: US (Utah) resident UK Will

I'm not sure on the legalities of this, but personally I would create a new will.

You want things to be a simple as possible after your passing. If this goes before a judge then I would assume it'll be easier to interpret if it follows Utah's letter of the law.
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Old Dec 19th 2017, 8:44 pm
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Default Re: US (Utah) resident UK Will

Originally Posted by freerskier View Post
As my lawyer wife...............
That might well be your best source of advice.

Otherwise speak with a lawyer experienced in drawing up wills. We did that and the advice we received in our circumstances was to have our wills done in the country (state) in which we lived. As Mr F would say YMMV depending on your personal circumstances.
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Old Dec 19th 2017, 9:13 pm
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Default Re: US (Utah) resident UK Will

Originally Posted by freerskier View Post

I cant find any reason why the US/Utah would not respect this or that I'd need a 2nd will. As my lawyer wife points out you can only have 1 will - the last one you wrote, which ever country you wrote that in. .
I don't know the law of Utah on decedent's estates.

But as a general comment, I would say that one should have only one will. That said, there is concept of a "codicil" to a will, which amends an existing will. Absent an express revocation, it is possible for a subsequent will to act as a codicil. This can be a mess.

Also, some states extend the concept of "pretermited heir" to after acquired spouses.

So, a legal consultation would be in order.
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Old Dec 19th 2017, 11:09 pm
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Default Re: US (Utah) resident UK Will

Originally Posted by freerskier View Post
Hi Folks,

Bit of legal advice if you will - sorry! Gonna open up thoe whole 'will' question previously debated here: http://britishexpats.com/forum/usa-5...-wills-572801/

I am an LPR living in Utah and currently have a will written in the UK. The wording of which covers all my worldly assets - dividing same between relatives, charities etc.

I cant find any reason why the US/Utah would not respect this or that I'd need a 2nd will. As my lawyer wife points out you can only have 1 will - the last one you wrote, which ever country you wrote that in.

Coupled with the fact that the post listed above seemed inconclusive - Ray advocating a will in each territory etc., but that it worked?

Sorry to open the can of beans again on this but any guidance appreciated as I am considering writing a US will as I live here that duplicates my UK will but its contents will be identical.

.....Or could I write a will here that says "Please abide by the instructions in this document and refer to the UK will".

Thanks.
Definitely you need some legal and perhaps accountant advice- though depends on what sort of assets are involved. While it may be beneficial to keep a UK will, there may be particularities of Utah law ( especially in regards to beneficiaries) that may be in conflict with UK law. Only one will is needed ( idea of different wills for different territories I fid rather absurd).

We have gone through situations regarding a UK will/USA assets, and vice versa- UK was much easier to deal with and process, but different rules on taxes, getting appoint executor, etc. Just off the top of my head, I am not a lawyer, I would suggest looking at a living trust to bypass to some degree the inane and expensive probate process in the USA.
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Old Dec 20th 2017, 3:45 am
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Default Re: US (Utah) resident UK Will

Originally Posted by S Folinsky View Post
My prior BE incarnation was "FolinskyInLA." I used to be much more active until the rudeness in these forums got way too annoying. Ray was giving his lay opinion.
Thanks for spending the time to read my post but Am sorry that I'm not sure but what you said - sorry waste of time...
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Old Dec 20th 2017, 5:45 am
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Default Re: US (Utah) resident UK Will

Originally Posted by freerskier View Post
Thanks for spending the time to read my post but Am sorry that I'm not sure but what you said - sorry waste of time...
Not a waste of time at all. I wanted to explain that Ray was not writing as a trained legal professional. I was. However, as a matter of politeness, my preferred response to erroneous information is to contradict it. I will let the reader figure out who is right.

I sometimes get static here on my signature block. One of the reasons I use it is to help people evaluate what I post.

I would like to think your wife will pretty much agree with what I have written.

Good luck.
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Old Feb 22nd 2018, 9:30 pm
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Default Re: US (Utah) resident UK Will

OK - latest advice from my UK solicitor:
"In relation to the American element, technically your Will in England & Wales does govern your worldwide assets but unfortunately due to experience, we wholly recommend that you make a Will in the US to cover your US assets only a sit is extremely difficult, time consuming and costly to resolve your US affairs with the UK will that needs resealing in the US courts, the instruction of a suitably experienced trans Atlantic US Attorney and is always fraught with problems. We currently have matters with affairs in Texas and Alabama that are rumbling on still after 2 years. You can make a Will in the US that only governs your US estate and does not revoke your UK will, you would just ned to advise any US Attorney that you had a Will here that the US will was not to revoke."

Copied verbatim from an email so apologies for grammr/typos.

It appears they are suggesting I can write a write a will in the US and in that document refer to my UK will as, I think, referred to by the bit I emboldened.
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Old Feb 23rd 2018, 11:44 am
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Default Re: US (Utah) resident UK Will

Originally Posted by lansbury View Post

Otherwise speak with a lawyer experienced in drawing up wills. We did that and the advice we received in our circumstances was to have our wills done in the country (state) in which we lived.
That was exactly the legal advice we received and followed.
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