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A will where you live overseas but have assets in a different country

3 replies

superwormissuperstrong · 17/04/2016 20:41

So the scenario is that a parent is now living abroad and wants to make a will. Although the parent has full residency and a property in the new country, the bulk of their financial assets and their children still live in the original country (UK).
Should the parent have a solicitor in their new country draw up the will or should they also have a UK solicitor draw up a separate will for the UK element?
Also can the children (main beneficiaries of the will) be executors, or does the parent need to assign someone from the new country? Chances are the children will be perfectly capable of flying to new country and making funeral arrangements etc. but is it likely that they won't be able to handle any financial or legal matters because they have no ties/residency/rights in the new country.
Anyone in a similar scenario or know?
I haven't yet approached any UK solicitors and just not sure if I am wasting their time if I do that (feel bad if I can get a free consultation just to be told its a waste of their time)
thanks

OP posts:
justwondering72 · 18/04/2016 22:04

I think the answers will vary depending on the country that that parents are in. If it's France, Spain or another popular one there will be lawyers specialising in inheritance and wills for this situation. Try some of the expat forums to get recommendations for law firms.

Pollaidh · 18/04/2016 22:20

It depends on the country. In some countries it is absolutely essential and that you take advice on doing it tax efficiently, as you could even end up being taxed twice. The rules are highly complex and there could even be situations where property reverts to blood family if the inheriting adult dies before the spouse.

Find a solicitor who specialises in the two countries concerned.

We have executors assigned for both countries relevant to us and were recently involved in an inheritance situation involving 4 countries, and every agreement required expertise from that country - and they were all different.

superwormissuperstrong · 20/04/2016 09:38

Thanks for the replies - the country is Poland...
The 2 lawyers in my parents small town seem to be completely clueless about UK laws and I think my dad might be a bit intimidated by having to travel to somewhere big like Warsaw and I would worry about him being ripped off as a bit of a vulnerable person.
If I can find a UK lawyer that knows Polish law then I could do a preliminary meeting here and then it could be all completed next time he visits...
Anyone come across Polish lawyer/company in the UK?

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