Hello
Guest

Sponsored Links


Topic: Will Creation  (Read 824 times)

0 Members and 2 Guests are viewing this topic.

  • *
  • Posts: 1249

  • Liked: 0
  • Joined: Aug 2004
  • Location: High Wycombe, Bucks
Will Creation
« on: January 11, 2007, 10:49:08 PM »
Hello,
I saw a couple threads a while back on here about Wills and the potential pitfalls of couples that may be domiciled in different countries.  I'm a US citizen by birth, UK citizen by naturalization.  DW is only a UK citizen.  DD is a dual citizen born here in the UK but I suppose if she follow my domicile then she would be US domiciled.

Obviously, we'd want to look for a will writer that is au fait with US and UK laws.  Is it ideal to have the will written by a solicitor in the US who is familiar with federal and state laws or by someone in the UK (as we currently live here)?  It seems unlikely to me that a UK solicitor would be familiar enough with individual state laws?  Of course, maybe not many US solicitors would be familiar wiith the UK laws.  My fear is that a Will would be written up but it wouldn't be valid given the complex situation and would therefore be null and void.

Any help would be much appreciated.  Thanks.
And the world first spoke to me in Sensurround


  • *
  • *
  • *
  • Posts: 3121

    • My blog!
  • Liked: 4
  • Joined: Sep 2005
  • Location: London, UK
Re: Will Creation
« Reply #1 on: January 12, 2007, 07:42:28 PM »
You can of course choose to be domiciled in the UK.  You can of course only be domiciled in one country.  If your home and heart is in the UK, then you have every right to be domiciled in the UK.

If for some reason you think you might leave a large estate and you want your children to inherit it, there may be tax advantages to settling your estate in the US, assuming your children are in the US.

The only time, either in the US or the UK, where a will would really become an issue, is if someone in your family would contest the will.  It would have to be taken to probate court in the US or the UK and would not likely be invalidated in either case.  They would attempt to figure out what the intent was.

If you have minor children involved, it may make sense to have the will done in whatever country where those you wish to have custody of the children reside.  This would make sure that your wishes would be carried out in the event of your deaths.  Other then that, most probate would be clear and straightforward and it only becomes an issue for the tax man.

If you have a large estate, then you probablly should already have lawyers and need them to figure out where the best tax advantage is for your to be domcilied (which would not be the UK).
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


Sponsored Links