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So you made a Will in the UK/USA...

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Ron Brind
Ron Brind
Posts: 19041
Joined: 26th Oct 2003
Location: England
quotePosted at 11:06 on 6th October 2009
Then you get married (in either location) and perhaps move to the 'other' country to settle down. Would the Will that you made before you were married, and whilst you were in another country stand up in a Court of Law, whether it be the UK or the USA? I'm shoulder to shoulder with our Rick on this one, he raised the question and I said well there's one way to find out, ask POE people so there it is fellow members...what do you think, any lawyers amongst us?
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Stephanie Jackson
Stephanie Jackson
Posts: 3911
Joined: 13th Apr 2008
Location: UK
quotePosted at 13:44 on 6th October 2009
Don't know Ron. I think your latest will usually over-rules any older ones. I got married in the USA but I had to re-register my marriage over here. Nightmare for the generations ahead who may try to do family history research!
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Diana Sinclair
Diana Sinclair
Posts: 10119
Joined: 3rd Apr 2008
Location: USA
quotePosted at 13:47 on 6th October 2009
I am no attorney, Ron, but it seems to me that a will is a legal and binding document. The only thing that would usurp an existing will is another updated will or a codicil.
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Debbie Adams
Debbie Adams
Posts: 2043
Joined: 8th Mar 2009
Location: USA
quotePosted at 14:00 on 6th October 2009
Not sure but if you got married would'nt you want to redo the will?
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Peter Evans
Peter Evans
Posts: 3863
Joined: 20th Aug 2006
Location: UK
quotePosted at 15:11 on 6th October 2009

 just made out my will. I am leaving my debts to the government. They take my money while I am alive,so they can have my debts when I go.

Will it be legal? Lol



Edited by: Peter Evans at:6th October 2009 15:12
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Paul HiltonPremier Member - Click for more info
Paul Hilton
Posts: 2605
Joined: 21st Nov 2004
Location: UK
quotePosted at 15:17 on 6th October 2009
If you name a professional person ---solicitor/ banker---as an Executor, they can claim 1% of the value of the Estate right off the bat, before they do a stroke of work dealing with the estate.

Edited by: Paul Hilton at:6th October 2009 17:34
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Diana Sinclair
Diana Sinclair
Posts: 10119
Joined: 3rd Apr 2008
Location: USA
quotePosted at 15:23 on 6th October 2009
ROFL! I like the way you think, Peter. Laughing
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Paul HiltonPremier Member - Click for more info
Paul Hilton
Posts: 2605
Joined: 21st Nov 2004
Location: UK
quotePosted at 15:25 on 6th October 2009
And If you marry in the UK, that will invalidate a Will made prior to the marriage.
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Diana Sinclair
Diana Sinclair
Posts: 10119
Joined: 3rd Apr 2008
Location: USA
quotePosted at 16:53 on 6th October 2009
Paul, is there anything you don't know? Lol. Me thinks you have a mind Einstein would envy.
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Paul HiltonPremier Member - Click for more info
Paul Hilton
Posts: 2605
Joined: 21st Nov 2004
Location: UK
quotePosted at 18:44 on 6th October 2009

It would depend on how a US Will was written whether or not an English court would have any authority over any US assets. If this situation was applicable, it would be best to have 2 Wills written in each country to deal with assets in each.

 

The laws in another country might also over-ride your wishes that were written in another one. 

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