Bridging visa and Wills

[Tiamilo 12]

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. 

 

[InnerVoice 1,254]

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.

[Tiamilo 12]

Thanks for replying. That is a great help.