Guest Happy1979 Posted October 14, 2010 Share Posted October 14, 2010 Hi Everyone, I was just wondering whether I should be making an Australian or UK will. I am currently in Aus and about to apply for the defacto visa. I am from the UK, all my assets are in the UK (nothing complicated, just 2 properties which I plan to keep). I have no assets currently in Aus, my partner owns the flat. There are no kids (at the moment!). If I make a will in Aus will it still be valid in the UK? or should I wait till I next go home to make one? Very confused here, so any advice would be appreichated! Thanks H :-) Link to comment Share on other sites More sharing options...
fleabo Posted October 14, 2010 Share Posted October 14, 2010 Hi Everyone, I was just wondering whether I should be making an Australian or UK will. I am currently in Aus and about to apply for the defacto visa. I am from the UK, all my assets are in the UK (nothing complicated, just 2 properties which I plan to keep). I have no assets currently in Aus, my partner owns the flat. There are no kids (at the moment!). If I make a will in Aus will it still be valid in the UK? or should I wait till I next go home to make one? Very confused here, so any advice would be appreichated! Thanks H :-) If you live in Australia you'll need an Australian will which I think is state specific. Link to comment Share on other sites More sharing options...
Guest Happy1979 Posted October 14, 2010 Share Posted October 14, 2010 If you live in Australia you'll need an Australian will which I think is state specific. Even though everything I own is in the UK, and part of which I would want to leave to family in the UK? Although living here, I'm not actually resident yet in Australia as on WHV, would this make a difference? Thanks for your help. Link to comment Share on other sites More sharing options...
fleabo Posted October 14, 2010 Share Posted October 14, 2010 Even though everything I own is in the UK, and part of which I would want to leave to family in the UK? Although living here, I'm not actually resident yet in Australia as on WHV, would this make a difference? Thanks for your help. With a WHV I would guess you would be classed as a UK resident if you pop you clogs while in Oz so a UK will would do. Link to comment Share on other sites More sharing options...
fleabo Posted October 14, 2010 Share Posted October 14, 2010 Sorry - realise I have miss-read your OP. :embarrassed: All your assets are in the UK so you may need a UK will - I am sure there is someone on PIO that is in a similar situation. Link to comment Share on other sites More sharing options...
Guest guest32776 Posted October 14, 2010 Share Posted October 14, 2010 I have UK properties, shares and savings and am on a temporary residence visa in Oz - I have kept my UK will, which leaves money to friends and family in the UK and UK charities. I am pretty certain that unless you are a permanent resident or citizen you should be using a UK will. Link to comment Share on other sites More sharing options...
Happy Lass Posted October 14, 2010 Share Posted October 14, 2010 Your things are in the UK and you are resident there so you should make one there. Your solicitor will be able to advise you on what you should do re. your UK will once you have moved over here to Australia. Link to comment Share on other sites More sharing options...
Guest Happy1979 Posted October 14, 2010 Share Posted October 14, 2010 Thanks everyone for your replys, guess I'll be sticking with a UK one for a couple more years then. H :-) Link to comment Share on other sites More sharing options...
Guest siamsusie Posted October 16, 2010 Share Posted October 16, 2010 Hi Everyone, I was just wondering whether I should be making an Australian or UK will. I am currently in Aus and about to apply for the defacto visa. I am from the UK, all my assets are in the UK (nothing complicated, just 2 properties which I plan to keep). I have no assets currently in Aus, my partner owns the flat. There are no kids (at the moment!). If I make a will in Aus will it still be valid in the UK? or should I wait till I next go home to make one? Very confused here, so any advice would be appreichated! Thanks H :-) Personally Happy I would be seeking very good professional advice on your Will. I owned a property in Scotland solely owned by myself and despite the fact that my Australian husband had never lived in it, permission had to be sought from my husband to sell it:eek:. This could well apply to just Scotland, I am unsure, but to say I was staggered is an understatement. Seeing we are happily married there wasnt an issue:wubclub:. Wills here are state specific but still valid... we took out a Will in WA whilst living there and if we are to avoid Probate etc etc we now have taken out another Will in Tasmania. Australia: Is your Will valid in Australia?, Important information for new arrivals, The movement of a In WA we have an excellent lawyer who trained under the British system and is fully conversant with all the ins and outs on international law, but its something I would pay particular attention to/ not dissimilar to insurance policies. Best wishes Susie:wubclub: Link to comment Share on other sites More sharing options...
Guest guest32776 Posted October 16, 2010 Share Posted October 16, 2010 I owned a property in Scotland solely owned by myself and despite the fact that my Australian husband had never lived in it, permission had to be sought from my husband to sell it Fair enough! You are only a Sheila......:cool: Link to comment Share on other sites More sharing options...
Guest siamsusie Posted October 16, 2010 Share Posted October 16, 2010 I owned a property in Scotland solely owned by myself and despite the fact that my Australian husband had never lived in it, permission had to be sought from my husband to sell it Fair enough! You are only a Sheila......:cool: If you were within 20 yards of me right now, I would give you something strong and stiff:daydreaming: to act as an anesthetic before knocking you out:eek::wink: Link to comment Share on other sites More sharing options...
Guest AngelaCDyer Posted August 10, 2011 Share Posted August 10, 2011 Hello Susie, I'm based in WA and am executor to my late fathers UK estate. My parents lived in Hong Kong but were British and my fathers Will was done in Hong Kong. I've done all the work myself with the UK Inland Revenue in preparation for the probate but to complete the final step of the UK Probate process I need to find a local solicitor/lawyer in WA who is also registered in UK so that they can prepare and witness my affidavit/oath. I was hoping to be able to do everything myself, but that would require me to fly out to London to swear the oath at the Probate office there which is not feasible at the moment. Can you, or anyone, recommend a local solictor or lawyer that could assist with this? By the way, for those of you questioning about Wills, so far I haven't found the actual Will to be of any issue....as long as it is witnessed properly etc...then it should be valid in any country. It is quite easy to write your own will. The main thing is domicility and where most of your assets are held (and their total value). If you have a lot of assets in the UK, then you have to deal with the Inland Revenue prior to anything else coz of Inheritance Tax. If the person who dies is no longer "domiciled" in the UK, then there is no inheritance tax (note: Domicility is different to residency) and this applys even on UK assets, including property...this is something you may wish to consider if you have emigrated permanently to Oz...(there is no inheritance tax in Oz). If you have a UK will, it would be unlikely they would consider you domiciled abroad. (Also note: UK inheritance tax is due on all assets in Oz too if you are considered "domiciled" in UK, even if resident in Oz). Cheers, Angela Personally Happy I would be seeking very good professional advice on your Will.I owned a property in Scotland solely owned by myself and despite the fact that my Australian husband had never lived in it, permission had to be sought from my husband to sell it:eek:. This could well apply to just Scotland, I am unsure, but to say I was staggered is an understatement. Seeing we are happily married there wasnt an issue:wubclub:. Wills here are state specific but still valid... we took out a Will in WA whilst living there and if we are to avoid Probate etc etc we now have taken out another Will in Tasmania. Australia: Is your Will valid in Australia?, Important information for new arrivals, The movement of a In WA we have an excellent lawyer who trained under the British system and is fully conversant with all the ins and outs on international law, but its something I would pay particular attention to/ not dissimilar to insurance policies. Best wishes Susie:wubclub: Link to comment Share on other sites More sharing options...
missshelly Posted August 10, 2011 Share Posted August 10, 2011 We recently made a will here in Oz after alot of shopping around we have a lawyers firm that do wills that are valid here and in the Uk we have assets in both countries hope this helps Link to comment Share on other sites More sharing options...
Guest siamsusie Posted August 10, 2011 Share Posted August 10, 2011 Hello Susie, I'm based in WA and am executor to my late fathers UK estate. My parents lived in Hong Kong but were British and my fathers Will was done in Hong Kong. I've done all the work myself with the UK Inland Revenue in preparation for the probate but to complete the final step of the UK Probate process I need to find a local solicitor/lawyer in WA who is also registered in UK so that they can prepare and witness my affidavit/oath. I was hoping to be able to do everything myself, but that would require me to fly out to London to swear the oath at the Probate office there which is not feasible at the moment. Can you, or anyone, recommend a local solictor or lawyer that could assist with this? By the way, for those of you questioning about Wills, so far I haven't found the actual Will to be of any issue....as long as it is witnessed properly etc...then it should be valid in any country. It is quite easy to write your own will. The main thing is domicility and where most of your assets are held (and their total value). If you have a lot of assets in the UK, then you have to deal with the Inland Revenue prior to anything else coz of Inheritance Tax. If the person who dies is no longer "domiciled" in the UK, then there is no inheritance tax (note: Domicility is different to residency) and this applys even on UK assets, including property...this is something you may wish to consider if you have emigrated permanently to Oz...(there is no inheritance tax in Oz). If you have a UK will, it would be unlikely they would consider you domiciled abroad. (Also note: UK inheritance tax is due on all assets in Oz too if you are considered "domiciled" in UK, even if resident in Oz). Cheers, Angela Hi Angela, I have Dara Singh who was a Barrister in London and maintains a business there also for all our affairs and he is exceptionally good and obviously conversant with the law in both countries. http://www.flsd.com.au/ Due to the fact that we have children in Korea, London and Australia and also have interests in Karratha WA and Tasmania we have found it slightly more complicated, so having someone in WA has worked out best for us, taking into consideration that we are also interstate. Level 2 139 Newcastle Street Freecall 1800 623 416 Also Joodnalup and Kwinana Good luck Susie x Link to comment Share on other sites More sharing options...
Guest AngelaCDyer Posted August 10, 2011 Share Posted August 10, 2011 That's great! Thanks so much for the information, and also the quick response! Very much appreciated! Cheers, Angela Hi Angela, I have Dara Singh who was a Barrister in London and maintains a business there also for all our affairs and he is exceptionally good and obviously conversant with the law in both countries. http://www.flsd.com.au/ Due to the fact that we have children in Korea, London and Australia and also have interests in Karratha WA and Tasmania we have found it slightly more complicated, so having someone in WA has worked out best for us, taking into consideration that we are also interstate. Level 2 139 Newcastle Street Freecall 1800 623 416 Also Joodnalup and Kwinana Good luck Susie x Link to comment Share on other sites More sharing options...
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