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-   -   Wills/Life Insurance (https://britishexpats.com/forum/usa-57/wills-life-insurance-713046/)

zaze Apr 12th 2011 11:14 am

Wills/Life Insurance
 
Does anyone still have term life insurance in the UK after leaving? I am thinking that it is probably not valid if you move permanently abroad? Also what about a will. If you made one in the UK., will is still be valid while living in the US? Any ideas?

Bob Apr 12th 2011 1:42 pm

Re: Wills/Life Insurance
 
It's a good idea having a will for each country covering assets in those countries.

Sometimes it'll depend on the state you are in though.

No idea on the life insurance, depends on the policy I'd guess.

ian-mstm Apr 12th 2011 2:48 pm

Re: Wills/Life Insurance
 

Originally Posted by zaze (Post 9300273)
Also what about a will. If you made one in the UK., will is still be valid while living in the US? Any ideas?

A UK will will always be valid in the UK reagardless of whether you're living in the US or not. Your UK will, however, is not valid in the US - meaning, you can't execute the will in the US. However, if the will is executed in the UK - regardless of where you are when you die - it will be valid.

Ian

md95065 Apr 12th 2011 3:21 pm

Re: Wills/Life Insurance
 

Originally Posted by ian-mstm (Post 9300685)
Your UK will, however, is not valid in the US - meaning, you can't execute the will in the US.

Not necessarily true.

The rules for what constitutes a valid will are (of course) different in every state. If the will that you made in the UK conforms to the requirements of the particular jurisdiction in the US where it needs to be executed then, in principle at least, I don't see any reason why it would not be considered to be valid.

The OP would, however, be well advised to consult an attorney about this.

I would also caution that, while it may be OK to have separate wills in the UK and the US that deal with the distribution of property located in each place it is very important to ensure that they are consistent with each other and do not contain any provisions that could be in conflict with the other will and which could lead to ambiguity. Again it would be wise to consult with lawyers in both places.

celticgrid Apr 12th 2011 3:32 pm

Re: Wills/Life Insurance
 
One thing to keep in mind is the estate tax situation. As a PR or USC there are implications and therefore the instructions within the will need to be considered. I would suggest that the instructions within a will drawn up in the UK, even if that will is in any sense still valid, should be reviewed against your change in circumstances. You need to speak to an attorney familiar with estate planning.

zaze Apr 12th 2011 4:27 pm

Re: Wills/Life Insurance
 
Thank you for all your replies, it seems will need to seek an attorney and have a will for both countries just in case, of course stating the exact same info. I also have life insuance in the UK but am pretty sure it wont be valid. Thank you all again,

celticgrid Apr 12th 2011 5:02 pm

Re: Wills/Life Insurance
 

Originally Posted by zaze (Post 9300863)
I also have life insuance in the UK but am pretty sure it wont be valid.

Why so sure? Ask the insurance company. Seems an easy check.

Our Norwich Union policies are still valid.

zaze Apr 12th 2011 5:11 pm

Re: Wills/Life Insurance
 
Yes
you are right, i will make some calls.


Originally Posted by celticgrid (Post 9300924)
Why so sure? Ask the insurance company. Seems an easy check.

Our Norwich Union policies are still valid.


margaretmwilson Apr 12th 2011 5:44 pm

Re: Wills/Life Insurance
 
Hi we were in the same position, my husband is here on H1B and I am on the H4. I rang our life insurance company to check if we would still be covered, they said as long as they were receiving payments from a UK bank account we would still be covered. I also spoke to a couple of lawyers to ask if, as non-resident aliens we would need a Florida will, they said a "simple will" would suffice and would cost $85 each. I guess it all depends on your Life Insurance company whether you would be covered. Hope that helps.

Swisstony Apr 12th 2011 8:12 pm

Re: Wills/Life Insurance
 

Originally Posted by zaze (Post 9300938)
Yes
you are right, i will make some calls.

we checked with life insurance providors in the UK and got confirmation form them in writing that our policies would still be valid.

Manc Apr 13th 2011 12:43 am

Re: Wills/Life Insurance
 
so long as you make the premium payments, the life insurance will be valid,

although FWIW if it's term, let the policy lapse and take out new one over here. term is cheap as chips so long as you've not got AIDS or Cancer in the meanwhile......

zaze Apr 13th 2011 12:58 am

Re: Wills/Life Insurance
 
Yes all three of our life policies are term, no medical issues with us either.




Originally Posted by Manc (Post 9301695)
so long as you make the premium payments, the life insurance will be valid,

although FWIW if it's term, let the policy lapse and take out new one over here. term is cheap as chips so long as you've not got AIDS or Cancer in the meanwhile......


JAJ Apr 13th 2011 1:06 am

Re: Wills/Life Insurance
 

Originally Posted by zaze (Post 9300863)
Thank you for all your replies, it seems will need to seek an attorney and have a will for both countries just in case, of course stating the exact same info.

Easier said than done. A US attorney normally won't be able to advise on English law, and vice versa.

Normally you should have one will covering worldwide assets, and that should normally be under the law of the place where you are a permanent resident. That will should then be probated in other jurisdictions where you have assets on an "out of jurisdiction" basis. Only if a particular jurisdiction does not accept non-local wills do you need a separate will and in that case, it involves a lot of work.

This article is Australia oriented but should also be valid for those in the USA:
http://britishexpats.com/wiki/UK_Will-Australia


I also have life insuance in the UK but am pretty sure it wont be valid. Thank you all again,
Pretty sure? Perhaps read the policy terms and conditions before coming to conclusions.

zaze Apr 13th 2011 1:17 pm

Re: Wills/Life Insurance
 
Thanks for the link, very informative. We do still have UK assets so i guess we will look into what the best option is.







Originally Posted by JAJ (Post 9301723)
Easier said than done. A US attorney normally won't be able to advise on English law, and vice versa.

Normally you should have one will covering worldwide assets, and that should normally be under the law of the place where you are a permanent resident. That will should then be probated in other jurisdictions where you have assets on an "out of jurisdiction" basis. Only if a particular jurisdiction does not accept non-local wills do you need a separate will and in that case, it involves a lot of work.

This article is Australia oriented but should also be valid for those in the USA:
http://britishexpats.com/wiki/UK_Will-Australia



Pretty sure? Perhaps read the policy terms and conditions before coming to conclusions.


ruko Apr 15th 2011 12:50 am

Re: Wills/Life Insurance
 
thanks for the link.
very helpful


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