It is currently Sun 18 Aug 2019 06:51 GMT
Change font size

    Latest Message from British Expat:

  • Five pub quiz questions – Quick Quiz
    As a change from our usual helping of country-related trivia, here's a tasty selection of five "pub quiz" type general knowledge questions. Have a go!

Money matters

Expat Wills

No, really... it does! But does it matter more in New Zealand than at home? NO ADVERTISING - financial services adverts belong in our classifieds section. Get-rich-quick schemes belong in the trash.

Expat Wills

Postby CHE26 » Tue 5 Oct 2010 06:01 GMT

I need to make a new Will. I am British, married to an Australian and currently living and working in New Zealand although my husband and I plan to return to Australia in the next few years. I have assets in the UK, Australia and New Zealand and beneficiaries in the UK, Australia and New Zealand! My executors are in the UK and New Zealand. Under which law should I make my will or does it not matter??
Posted by:
CHE26
New Member
 
Posts: 1
Joined: Tue 5 Oct 2010 05:51 GMT

Postby Dave » Tue 5 Oct 2010 16:03 GMT

Hi, and welcome. :-D

I'm honestly not sure whether there's a correct way to proceed in every case, but my presumption has always been that if you have assets in multiple jurisdictions, and you have a separate will drawn up for each jurisdiction, dealing solely with the assets falling under that jurisdiction, then you'll be certain to get it right.

Otherwise you run the risk of a will drawn up perfectly legally under one set of laws, which contravenes the laws where the assets are physically held - and that will be a nightmare for your executor(s) to sort out. Alternatively you could try to draw up a will that covers multiple jurisdictions, but if any of the provisions contravene the laws of the jurisdiction where the will is lodged, then you have a different but equally difficult situation for the executors.

It's an interesting question, and one which would bear wider discussion - I'll ask on the main forum (and post a link here to the main forum discussion) to see if we can get a few more opinions.

Edit: I've reposted on the BE general forum - Expat Wills.
I've also shifted this topic to the Money Matters board as it's the most appropriate place for discussion of wills.
British Newspapers Online - your handy guide to the UK's national, regional and local press!
ErgoGuides - Great travel and business eBooks from British Expat!
Posted by:
User avatar
Dave
Site Admin
 
Posts: 7264
Joined: Tue 21 Jan 2003 15:04 GMT
Location: Currently UK


Return to Money matters