Will writing
Jul 11th 2017, 2:45 pm
#1
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Thread Starter
Joined: Nov 2016
Location: Knoxville, TN
Posts: 189
Will writing
Appreciate I'm showing great ignorance (and tardiness) here. And it is something we should have tackled earlier in UK but never did... writing a will.
Finally we are getting round to this. We don't have tons of assets: mortgaged house in UK, car and bits and bobs in USA. Some small savings in both countries. Life insurance policy in UK (need to check if our moving has invalidated it). And two young children. My main concern actually is specifying guardianship for them and ensuring it's legal since in a worst case scenario it would mean returning them to UK. (Cheery stuff, this).
I know you can get online DIY versions. Are these any good? Does it matter if we do UK or USA version? Are we better to use an attorney and does being expats complicate things e.g. for UK assets? Maybe I'm asking if a will is recognised internationally. Just don't want to get anything horribly wrong (I do realise one can update them at a later date). I may be imagining non-existent problems.
Finally we are getting round to this. We don't have tons of assets: mortgaged house in UK, car and bits and bobs in USA. Some small savings in both countries. Life insurance policy in UK (need to check if our moving has invalidated it). And two young children. My main concern actually is specifying guardianship for them and ensuring it's legal since in a worst case scenario it would mean returning them to UK. (Cheery stuff, this).
I know you can get online DIY versions. Are these any good? Does it matter if we do UK or USA version? Are we better to use an attorney and does being expats complicate things e.g. for UK assets? Maybe I'm asking if a will is recognised internationally. Just don't want to get anything horribly wrong (I do realise one can update them at a later date). I may be imagining non-existent problems.
Jul 11th 2017, 3:07 pm
#2
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,446
Re: Will writing
Your will needs to be written under the laws of where you are actually living.
Some people advocate a will in each country but I believe that is, at best dubious advice as it is only the last will that is likely valid if challenged in court. If your will was actually put into effect a US will should be fine for assets in the UK, but I think it would need to be approved in court (a mere formality).
Your life insurance will be fine so long as you didn't buy it knowing that you would soon be leaving the UK - it you've had it for several years you have nothing to worry about.
Some people advocate a will in each country but I believe that is, at best dubious advice as it is only the last will that is likely valid if challenged in court. If your will was actually put into effect a US will should be fine for assets in the UK, but I think it would need to be approved in court (a mere formality).
Your life insurance will be fine so long as you didn't buy it knowing that you would soon be leaving the UK - it you've had it for several years you have nothing to worry about.
Jul 11th 2017, 9:20 pm
#3
Forum Regular
Joined: Mar 2015
Posts: 40
Re: Will writing
Your domicile is an important factor in your will.
As Pulaski mentions the will needs to be able to apply in the country that you are living.
Your life insurance policy is valid as long as you are still paying
As Pulaski mentions the will needs to be able to apply in the country that you are living.
Your life insurance policy is valid as long as you are still paying
Jul 12th 2017, 2:12 am
#4
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Thread Starter
Joined: Nov 2016
Location: Knoxville, TN
Posts: 189
Re: Will writing
Thanks both and good news re life insurance - I'm still paying the premiums each month.
Jul 12th 2017, 1:19 pm
#6
Lost in BE Cyberspace
Joined: Jul 2016
Posts: 10,006
Re: Will writing
Your will needs to be written under the laws of where you are actually living.
Some people advocate a will in each country but I believe that is, at best dubious advice as it is only the last will that is likely valid if challenged in court. If your will was actually put into effect a US will should be fine for assets in the UK, but I think it would need to be approved in court (a mere formality).
Your life insurance will be fine so long as you didn't buy it knowing that you would soon be leaving the UK - it you've had it for several years you have nothing to worry about.
Some people advocate a will in each country but I believe that is, at best dubious advice as it is only the last will that is likely valid if challenged in court. If your will was actually put into effect a US will should be fine for assets in the UK, but I think it would need to be approved in court (a mere formality).
Your life insurance will be fine so long as you didn't buy it knowing that you would soon be leaving the UK - it you've had it for several years you have nothing to worry about.
