Wills

HI everyone, 

I am new to this site but have lived in England for about 31/2 years. I have a will and a trust in the USA but have not made a will here in the UK. I own property here and in the US and have two adult children in the US. I need to have a will here but am not quite sure where to find a good attorney. Any advise? Thank you.

Wendy - what kind of Trust do you have in the States? Are you the grantor (settlor)? Does it hold assets? Where are the Trustees resident? (If all the Trustees are UK resident, the Trust will have been imported into the UK when you became UK resident; so the Trust may already have UK filing obligations).

Thank you guya,

The trust is a family trust in the US and all of the assets and recipients are in the UK. My siblings and I are the recipients and upon our deaths our children are the recipients. Nothing in the UK is in that trust.

Where are the trustees of the trust resident; as that is the key factor?

My brother is the legal rep for the trust and he and my sister live in the US.

Have you elected to claim the remittance basis on your UK tax returns? If not, has your income from the trust been reported each year to HMRC?

I see a significant UK tax problem ahead for your children should they be UK resident when they receive the residuary shares from the trust. The trustees would be wise to protect themselves by taking combined US and UK legal advice (just as Prince Harry's trustees are doing right now for his future US citizen children).

Have you elected to claim the remittance basis on your UK tax returns? If not, has your income from the trust been reported each year to HMRC?

I see a significant UK tax problem ahead for your children should they be UK resident when they receive the residuary shares from the trust. The trustees would be wise to protect themselves by taking combined US and UK legal advice (just as Prince Harry's trustees are doing right now for his future US citizen children).

Wait.... What? There's no engagement announcement yet for them. Anything's possible though.

I did not know you had to be engaged (or married) for future children (not yet conceived) to have US citizenship when they arrive. The Windsor & Spencer family lawyers will already be working on the possibility that future children that might arise from this union will be US citizens & looking at restructuring existing trusts to make them US compliant...

I am retired so do not file a UK Tax return. My children will never become UK Citizens and will be living in the USA.

I am just looking for advise about attorneys who can advise me about a UK Will. Thanks again.

I am retired so do not file a UK Tax return. My children will never become UK Citizens and will be living in the USA.

Many hundreds of thousands of UK residents who are retired file annual UK self-assessment tax returns. Retirement has no effect on tax.  The trustees need legal advice. Hopefully, they will share this with you.

You - separately - sound as if you need a specialist UK based tax lawyer familiar with US trusts to assist you in being & remaining UK compliant and indeed drafting a Will that is suitable in all relevant jurisdictions.