If you are one of the estimated 5.5 million British people who live abroad and you die intestate (without a Will), then you may leave behind a tricky situation.
Obviously, different countries have different legal systems and even different jurisdictions, so for inheritance purposes, where more than one legal system is involved, it is necessary establish which law of succession applies.
It makes sense that if someone dies intestate in an EU member state, then the intestacy rules followed will be those of the country in which they were officially resident at the time. The clarification has to come when deciding that person’s country of domicile as someone can have a domicile of choice, but only to one country at a time. This depends upon questions such as whether they have moved permanently from their domicile of origin to their domicile of choice.
Though this sounds simple in principle, in the case, for example, of a mixed nationality couple who live between two jurisdictions, it can be far more complicated if one of them dies intestate. Nevertheless, once domicile has been established, then the laws of that country apply, and it is surprisingly common for people not to familiarise themselves with the laws of other countries which can be quite different from those of England and Wales.
To avoid leaving significant and complicated problems for beneficiaries, the importance of expats preparing a valid Will cannot be underestimated. It just may make the difference between having a nightmare or avoiding one.
Why expats would be wise to make a Will
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Wills and Probate
It is always advisable to review your Will at least every 5 years.
Even though you may already have a Will, you should consider whether or not your personal circumstances have changed or whether any subsequent change in the law has affected the validity of your Will or the granting of Probate.
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UK Will Writing Service
An Individual Will is prepared for a single person or for spouses/partners who have different terms under their respective Wills.
A Mirror Will is actually two Wills prepared for spouses or partners who wish for identical but reciprocal terms such as leaving their assets to each other.
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Lasting Power of Attorney
An LPA is a legal document giving trusted individuals the authority to make decisions on your behalf if you become unable to make them yourself.
The document is drawn up when you are able to make decisions and, once registered, becomes effective immediately and can be used at any time.
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Spanish Wills
If you think that you require a Spanish Will, it’s worth noting that all of your affairs can be dealt with in the UK with a UK Will.
Remember that a UK Will can be altered in the future if circumstances change and can be drafted to revoke all previous Wills ‘in any location’, giving you the flexibility you need.
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Address: Wincham Executor & Trustee Company Limited
Wincham House
Greenfield Farm Trading Estate
Congleton
Cheshire, England
CW12 4TR
Phone: +44 (0)3333 441 176
Email: wills@wincham.com
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