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Tiamilo

Bridging visa and Wills

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Hi, just needing some advice regarding my Mum. She is living in Australia on a bridging visa waiting for her contributary parent visa to be sorted that could be several years. 

We were wondering whether she needs to make a new Will in Australia or as we are still waiting for her property to sell in the UK  and she is still a UK citizen does the one she have in the UK still count?

 

Would appreciate any advice.

 

Thank you. 

 

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On 14/11/2023 at 14:46, Tiamilo said:

Hi, just needing some advice regarding my Mum. She is living in Australia on a bridging visa waiting for her contributary parent visa to be sorted that could be several years. 

We were wondering whether she needs to make a new Will in Australia or as we are still waiting for her property to sell in the UK  and she is still a UK citizen does the one she have in the UK still count?

Would appreciate any advice.

Thank you. 

Hi, paraphrasing from 6) in the article below...

Australian law recognises a will that has been prepared in the UK. This means that your executors can manage the distribution of all your assets under the terms of a carefully-drafted English will.

However, it is recommended that you set up a will in each country, dealing with the relevant assets in the UK and Australia separately. The two key reasons for this are:

  • It ensures all your assets are considered
  • It creates a clear demarcation between your UK- and Australian-based assets.

https://bdhsterling.com/8-useful-estate-planning-tips-for-those-with-assets-in-both-the-uk-and-australia/

It's also worth bearing in mind that UK inheritance tax would normally be chargeable on any UK assets/properties your mum retains, even once she becomes an Australian resident for tax purposes.


Australian Citizen since 2007 | Returned to the UK between 2008-2011 | QLD resident for over 20 years

All advice and opinions I provide on PomsInOz are solely my own and are general in nature. I am not a migration agent, accountant, tax expert or financial adviser, and my insights are no substitute for professional advice. I strongly encourage you to seek the guidance of qualified professionals for specific concerns. I do not assume any responsibility for actions taken based on the information provided in any of my posts, and if you choose to act on this information then you do so entirely at your own risk.

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