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Probate


Bob Jones

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We have my Dad staying with us on a 5yr parent VISA so temporary resident, he was bereaved in Covid and left on his own. 

He sold his hime, brought over his money because he's entitled to no state support, so if he goes into care or needs treatments above health insurance levels, he will self-fund.  No assets left in the UK and he now has a will in Australia.

If he should unexpectantly die here, will he need to go through probate in the UK or Australia?

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3 hours ago, Bob Jones said:

We have my Dad staying with us on a 5yr parent VISA so temporary resident, he was bereaved in Covid and left on his own. 

He sold his hime, brought over his money because he's entitled to no state support, so if he goes into care or needs treatments above health insurance levels, he will self-fund.  No assets left in the UK and he now has a will in Australia.

If he should unexpectantly die here, will he need to go through probate in the UK or Australia?

Probate (if it's needed) would be in Australia as that's where his assets (and will) are. If he still had assets in the UK it could need to be done in both countries. Probate isn't always needed. It comes down to whether or not any of the organisations that hold his assets need to see the grant of probate before they release the funds.

Edited by Ken
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36 minutes ago, Ken said:

Probate (if it's needed) would be in Australia as that's where his assets (and will) are. If he still had assets in the UK it could need to be done in both countries. Probate isn't always needed. It comes down to whether or not any of the organisations that hold his assets need to see the grant of probate before they release the funds.

thanks Ken

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3 minutes ago, rammygirl said:

Will he still be liable for UK inheritance tax as he is on a temporary visa?

under the threshold, just want to avoid hassle and UK delay. 

My Uncle died in UK in June last year, they've only just granted probate for something very straightforward.

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