elfie Posted March 1, 2012 Report Share Posted March 1, 2012 Hi everyone As we are in our late 40's and both I and hubby have made wills in the last 2 years am wondering when migrating will they still be valid ? Dont know if anyone else has posted anything like this before or knows anything regarding the legalities..... We have copies of the documents just wondering if they would have to be validated in Austrailia Quote Link to comment Share on other sites More sharing options...
Gollywobbler Posted March 3, 2012 Report Share Posted March 3, 2012 Hi everyone As we are in our late 40's and both I and hubby have made wills in the last 2 years am wondering when migrating will they still be valid ? Dont know if anyone else has posted anything like this before or knows anything regarding the legalities..... We have copies of the documents just wondering if they would have to be validated in Austrailia Hi there Your English Wills remain valid regardless of your physical whereabouts unless and until you revoke them. (Easily achieved by ripping them up if you wish.) However you pop your clogs, at which time your grieving family discover that you were not in possession of any assets in E&W at the time of your death. In that event, there is no need to submit the English Wills for Probate because there is no Estate to be wound up in E&W. However, you don't pop your clogs just yet. You go to Oz and buy a house in Oz etc, plus you transfer all your money and other assets to Oz. You should make separate Australian Wills in order to deal with the Australian Estate. There is not much point in making an Australian Will unless the to-be-deceased has assets in Australia, obviously. My mother has PR in Oz. She owns assets in both England and in Oz so she has two Wills, one for each jurisdiction. That is essential for her because she owns land in the UK so when she eventually dies we will need to get English Probate before we can dispose of the land in England. That is the reasoning behind it all. Cheers Gill Quote Link to comment Share on other sites More sharing options...
elfie Posted March 3, 2012 Author Report Share Posted March 3, 2012 Hi there Your English Wills remain valid regardless of your physical whereabouts unless and until you revoke them. (Easily achieved, by ripping them up if you wish!) However you pop your cloggs, at which time your grieving family discover that you were not in possession of any assets in E&W at the time of your death. In that event, there is no need to eubmit the English Wills for Probate because there is no Estate to be wound up in E&W. However, you don't pop your clogs just yet. You go to Oz and buy a house in Oz etc, plus you transfer all your money and other assets to Oz. You should make separate Australian Wills in order to deal with the Australian Estate. There is not much point in making an Australian Will unless the to-be-deceased has assets in Australia, obviously. My mother has PR in Oz. She owns assets in both England and in Oz so she has two Wills, one for each jurisdiction. That is essential for her because she owns land in the UK so when she eventually dies we will need to get English Probate before we can dispose of the land in England. That is the reasoning behind it all. Cheers Gill Hi Gill Your wording hasnt half given me chuckle ....... thanks for the reply and the info much appreciated. I take it from your posting you have a wicked sense of humour excellent and thanks again Mary Quote Link to comment Share on other sites More sharing options...
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