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Topic: UK/US wills - need recommendation  (Read 1326 times)

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UK/US wills - need recommendation
« on: October 24, 2012, 03:22:30 PM »
For those of you who have had wills written in the UK - can anyone recommend a good solicitor who is equipped to handle some of the international aspects?

We're US citizens, UK residents, some assets in the UK (mainly our house) and some in the US (our IRAs and some mutual funds held in a regular taxable account). We may also be naming family members who live in the US as our beneficiaries.

It is clear to me that this may be beyond the skill set of a run-of-the-mill solicitor (in the same way that cross border tax is beyond the expertise of the average tax preparer). So I am looking for a recommendation from someone who has gone through the process of getting a will drawn up with the various expat complications involved.

I am talking to one firm already who think that they can write a single will that can be recognised in both the UK and US. I would be particularly curious if anyone else has explored this question before.


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Re: UK/US wills - need recommendation
« Reply #1 on: October 24, 2012, 03:51:56 PM »
We think you'll need more than a lawyer because they don't cover the whole process:-

If one or either of you have been resident in the UK for more than seven years then the Estate and Gift Tax DTT will assign primary taxing rights to the UK, except for property and businesses in the US
http://uniset.ca/misc/us-uk1980.html
The first step is to work out likely tax on both estates, first and second death (that's four computations), then take into account any existing gifts, then consider whether either party is likely to go back to the USA at some time.
The second step is to consider tax reduction techniques. Lawyers usually use trusts - a by-pass trust is normal - planners think in terms of using assets that are exempt and insurance trusts, and also consider how your IRA pensions can be passed estate tax free.
The third step is to look at the next generation, what they need, and how skilled they are at managing money and then decide the strategies and the tactics.
Then we go to lawyers and often use Thomson Snell & Passmore. 
RNW
'Consistently beating the average global asset manager'


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Re: UK/US wills - need recommendation
« Reply #2 on: October 24, 2012, 03:59:05 PM »
We think you'll need more than a lawyer because they don't cover the whole process:-

If one or either of you have been resident in the UK for more than seven years then the Estate and Gift Tax DTT will assign primary taxing rights to the UK, except for property and businesses in the US
http://uniset.ca/misc/us-uk1980.html
The first step is to work out likely tax on both estates, first and second death (that's four computations), then take into account any existing gifts, then consider whether either party is likely to go back to the USA at some time.
The second step is to consider tax reduction techniques. Lawyers usually use trusts - a by-pass trust is normal - planners think in terms of using assets that are exempt and insurance trusts, and also consider how your IRA pensions can be passed estate tax free.
The third step is to look at the next generation, what they need, and how skilled they are at managing money and then decide the strategies and the tactics.
Then we go to lawyers and often use Thomson Snell & Passmore. 
Good advice for most folks, but overkill for us - our estate is unlikely to exceed the respective inheritance tax threshold in either country.

Can you be any more specific about why you recommended the firm you did?


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Re: UK/US wills - need recommendation
« Reply #3 on: October 24, 2012, 04:02:07 PM »
Tax is rarely the primary reason for drafting a Will. As your solicitor has suggested an English Will should be recognised in most States.

If your assets are subtantial enough to need trusts and the like you should start with a dually UK/US qualified tax adviser able to advise you on tax efficient structures on both sides of the Atlantic.


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Re: UK/US wills - need recommendation
« Reply #4 on: August 19, 2013, 01:35:15 PM »
Hi politicfool--

Just wondering if you could give the name of the solicitor you used for your will (if indeed it was a good experience).  US citizen living and working in UK 3+ years now, looking to prepare a will that will be recognized both here and in the States.

Many thanks--

Bon


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Re: UK/US wills - need recommendation
« Reply #5 on: August 19, 2013, 03:44:21 PM »
We're in the same boat so watching this thread


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Re: UK/US wills - need recommendation
« Reply #6 on: August 20, 2013, 02:26:12 PM »
I've sent you both a PM with the details of the solicitor we used.


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