Making a Will

[LYNMACMD]

We are flying out to Sydney next month and tonight we have been ticking of things to do and came upon the 'making a will' and the question came up with a problem.

 

I have two children who will remain in the UK who are in their 20's at present and I have a boy 8 who is from my current marriage who will be emigrating with us.

 

Recently as the only daughter I inherited my mothers house which I have now sold. The money from that and the sale of our present UK house which is in my husbands name only will be used to buy a property in Australia.

 

So what happens when I die with regards to my share of the Australian property with regard to my elder two children receiving their share that I specify in my will.

Would my husband have to sell the family home or would the older two have to wait until my husbands death to have them get what I wanted them to receive maybe years earlier?

 

Anyone else had this problem, did you make a will here in UK and then make a new will in Australia?

[Guest siamsusie]

We are flying out to Sydney next month and tonight we have been ticking of things to do and came upon the 'making a will' and the question came up with a problem.

 

I have two children who will remain in the UK who are in their 20's at present and I have a boy 8 who is from my current marriage who will be emigrating with us.

 

Recently as the only daughter I inherited my mothers house which I have now sold. The money from that and the sale of our present UK house which is in my husbands name only will be used to buy a property in Australia.

 

So what happens when I die with regards to my share of the Australian property with regard to my elder two children receiving their share that I specify in my will.

Would my husband have to sell the family home or would the older two have to wait until my husbands death to have them get what I wanted them to receive maybe years earlier?

 

Anyone else had this problem, did you make a will here in UK and then make a new will in Australia?

Hi Lyn,

we made joint Wills here in Australia stating that upon death, our respective children would receive their share upon the death of us both. It was a matter that concerned me greatly, and we actually chose an excellent lawyer in Perth who had been called to the bar in London, so he is aware of international law on both sides of the pond.:wubclub:Susie

[LYNMACMD]

Thanks Susie it's always awkward when there are children from previous marriages!!

[Guest siamsusie]

Thanks Susie it's always awkward when there are children from previous marriages!!

I appreciate your concern Lyn. We researched this very subject on both sides of the pond and if all your assets are held in Australia naturally you will come under Australian law. Its an important issue because you really want to sew up all loose ends. The thought of litigation over Wills is abhorrent to us!... I will pm you over one matter though which is quite important Susie:wubclub:

[fleabo]

We are flying out to Sydney next month and tonight we have been ticking of things to do and came upon the 'making a will' and the question came up with a problem.

 

I have two children who will remain in the UK who are in their 20's at present and I have a boy 8 who is from my current marriage who will be emigrating with us.

 

Recently as the only daughter I inherited my mothers house which I have now sold. The money from that and the sale of our present UK house which is in my husbands name only will be used to buy a property in Australia.

 

So what happens when I die with regards to my share of the Australian property with regard to my elder two children receiving their share that I specify in my will.

Would my husband have to sell the family home or would the older two have to wait until my husbands death to have them get what I wanted them to receive maybe years earlier?

 

Anyone else had this problem, did you make a will here in UK and then make a new will in Australia?

 

We have experience of life interests in shares of a house. It doesn't work very well in our experience. Part of the reason is down to personalities and relationships, part down to practicalities.

[Guest markhincks]

To answer Lyn's initial question and to clarify this topic as a whole, you must consider making a Will when moving abroad. In this instance you must make an Australian Will to cover your assets in Australia. You must then make a Will in England for all assets that reside in England and Wales (assuming you don't already have a Will). Assets include property and bank accounts.

[RockDr]

So what happens when I die with regards to my share of the Australian property with regard to my elder two children receiving their share that I specify in my will.

Would my husband have to sell the family home or would the older two have to wait until my husbands death to have them get what I wanted them to receive maybe years earlier?

 

 

You need to discuss this with your husband, and when you make your will, I think this can be made into a statutory declaration to be included alongside it.

 

Given this is a potentially problematic situation, I would write down what you want to happen, and then get a lawyer involved to draft up the final wills (preferably one with experience of multi-country assets).

 

It is especially important that you sort this out now, as without a will, all assets go to the surviving partner.