Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

Wills/Life Insurance

Wills/Life Insurance

Old Apr 12th 2011, 11:14 am
  #1  
Forum Regular
Thread Starter
 
Joined: Jun 2008
Posts: 60
zaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nice
Default 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?
zaze is offline  
Old Apr 12th 2011, 1:42 pm
  #2  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 92,167
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default 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.
Bob is offline  
Old Apr 12th 2011, 2:48 pm
  #3  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Wills/Life Insurance

Originally Posted by zaze
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

Last edited by ian-mstm; Apr 12th 2011 at 2:50 pm.
ian-mstm is offline  
Old Apr 12th 2011, 3:21 pm
  #4  
BE Forum Addict
 
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
md95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond reputemd95065 has a reputation beyond repute
Default Re: Wills/Life Insurance

Originally Posted by ian-mstm
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.
md95065 is offline  
Old Apr 12th 2011, 3:32 pm
  #5  
Wondering if...
 
celticgrid's Avatar
 
Joined: Apr 2009
Location: Clarence, NY
Posts: 1,213
celticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond repute
Default 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.
celticgrid is offline  
Old Apr 12th 2011, 4:27 pm
  #6  
Forum Regular
Thread Starter
 
Joined: Jun 2008
Posts: 60
zaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nice
Default 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,
zaze is offline  
Old Apr 12th 2011, 5:02 pm
  #7  
Wondering if...
 
celticgrid's Avatar
 
Joined: Apr 2009
Location: Clarence, NY
Posts: 1,213
celticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond repute
Default Re: Wills/Life Insurance

Originally Posted by zaze
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.
celticgrid is offline  
Old Apr 12th 2011, 5:11 pm
  #8  
Forum Regular
Thread Starter
 
Joined: Jun 2008
Posts: 60
zaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nice
Default Re: Wills/Life Insurance

Yes
you are right, i will make some calls.

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

Our Norwich Union policies are still valid.
zaze is offline  
Old Apr 12th 2011, 5:44 pm
  #9  
Forum Regular
 
Joined: Mar 2011
Posts: 60
margaretmwilson will become famous soon enough
Default 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.
margaretmwilson is offline  
Old Apr 12th 2011, 8:12 pm
  #10  
Forum Regular
 
Swisstony's Avatar
 
Joined: Aug 2007
Location: Surrey!
Posts: 163
Swisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud ofSwisstony has much to be proud of
Default Re: Wills/Life Insurance

Originally Posted by zaze
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.
Swisstony is offline  
Old Apr 13th 2011, 12:43 am
  #11  
@matthewb76
 
Manc's Avatar
 
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Manc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond repute
Default 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......
Manc is offline  
Old Apr 13th 2011, 12:58 am
  #12  
Forum Regular
Thread Starter
 
Joined: Jun 2008
Posts: 60
zaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nice
Default Re: Wills/Life Insurance

Yes all three of our life policies are term, no medical issues with us either.



Originally Posted by Manc
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 is offline  
Old Apr 13th 2011, 1:06 am
  #13  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Wills/Life Insurance

Originally Posted by zaze
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.
JAJ is offline  
Old Apr 13th 2011, 1:17 pm
  #14  
Forum Regular
Thread Starter
 
Joined: Jun 2008
Posts: 60
zaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nicezaze is just really nice
Default 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
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.
zaze is offline  
Old Apr 15th 2011, 12:50 am
  #15  
Banned
 
Joined: Apr 2011
Posts: 3
ruko is an unknown quantity at this point
Default Re: Wills/Life Insurance

thanks for the link.
very helpful
ruko is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.