Wills

[Guest Chelseadownunder]

The following has prooved very helpfull in my own circumstances regarding UK wills. I am a financial Adviser in Adelaide who has recently emigrated. Our will writing contact has written the following which you may find helpfull.

"Even if you currently have a valid UK will, it is strongly recommended that you make a South Australian will if you own South Australian assets. A UK will is fine for UK property; however, reliance upon a UK will when obtaining probate in South Australia, for your South Australian assets, is a costly and time consuming process. Just consider the difficulties for your UK located executor in attending to the probate process in South Australia for South Australian assets - from the other side of the globe! It is also advisable to have a will prepared in the state that your assets are situated as rules alter from state to state.

Similarly, your UK powers of attorney will not be of any use in South Australia as regards South Australian property - so you should prepare these in South Australia too (and also consider a Power of Guardianship for medical and lifestyle purposes)."

If you wish to have more info regarding Wills or Financial Advice (Pensions / Savings / Life Cover/ Critical Illness / Sickness Cover / Investments) Please send me a PM or call me - Steve on 0449048508

[Diane]

Anyone know what the situation would be if the children's guardian is in the UK? If the worst were to happen, would the kids have to go back there to live, or would the guardian be allowed to come out here, even if over the normal age etc?

 

Just curious before we decide who to leave the little darlings to!

 

Diane

[Guest Chelseadownunder]

Hi Diane/members

In answer to your question,

"If the willmaker is now resident in Australia and wants their children to remain in Australia should the willmaker die, they should strongly consider appointing a guardian in Australia (and preferably in the same state). A UK guardian would have to meet Australian citizenship/ migration visa rules like anybody else and this might prevent them spending prolonged periods in Australia to facilitate the guardianship".

 

Hope that's helpful.