Frequently asked questions

If I complete a UK Will while living abroad is it valid?

If it is correctly drafted, yes it is.

I made a Will some years ago so I don’t think I have to worry about it?

Even now, with all the laws and safeguards, Wills are still contested in the courts. This can come about if the Will, maybe written many years ago, does not take into account things that have happened since which ‘might’ have caused the Will to be written differently. The argument is that if the deceased could be brought back to life, he or she would have changed the Will to take the events into account.
Sometimes the argument works, sometimes not, but it makes the point that it is important to review your Will from time to time. The argument that a will represents the true wishes of the deceased is far stronger if the Will was made or reviewed a few years prior to death than if it was made many years ago when the family membership may have been very different.

How often should I review my Will?

We recommend every 3 to 5 years.

If I die without making a Will surely someone will sort everything out for me?

If you die without making a Will your ‘estate’ will pass according to the Law of Intestacy, this may not be what you want and could ultimately mean the UK government ends up with your assets should you have no living close family members when you die! Also, should you die abroad, this could prove additionally difficult and will leave relatives with an additional burden at a time of great stress.

What does UK domicile mean?

Under UK law ‘domicile’ refers to the country to which an individual belongs. A domicile of origin is established at birth and the question of domicile is significant for reasons of tax and it is particularly important in regards to Inheritance Tax (IHT). So simply living abroad will not change your domicile.

I have lived abroad for many years and have no assets left in the UK, won’t my domicile automatically change to the country I now live, thus avoiding UK Inheritance Tax?

So far as many British expatriates are concerned, although they may be non-resident for many years, their domicile remains the UK and, in consequence, they remain liable to IHT on all their world-wide assets. In practise, changing your domicile can prove to be very difficult.

I don’t have any assets left in the UK, so what is the point of making a UK Will?

You may have certain items of sentimental value you would like to leave to friends or relatives, a Will allows you to state who gets what. Although putting your funeral wishes in your Will it is not binding upon your executors, having this detailed helps to recognise those wishes. Also, you may wish to appoint friends or family living in the UK as executors of your Will and a UK Will may make things easier for them to administer your requests.

I own a property in the country I now live (outside the UK), should I also make a local Will?

Yes. It is a good idea to establish a local Will to cover things held in that country for example a property and/or savings in a local Bank account.

Why do I need the service of a Will Writer, can’t I write a Will myself?

Yes you can, you can even obtain a form from a UK high-street stationers, but only a properly trained professional can ensure that your Will is correctly drafted. Home made or badly made Wills can be just as bad, or worse, than no Will at all.

What are ‘Executors’?

Executors do the work of administering your Estate and carrying out other instructions in your Will. Appoint people you trust to comply with your wishes. Even if a spouse or partner is chosen as a sole Executor, others may be appointed as reserve Executors.

How many Executors should I appoint?

A maximum of four Executors (including your spouse) are allowed to administer an Estate. It is recommended that at least two be appointed. Executors may also be beneficiaries but they cannot charge for their work unless they have accepted the appointment in a professional capacity.

I have children under the age of 18, do I need to appoint ‘Guardians’ in my Will?

A very good reason for having an up-to-date Will is to ensure your wishes are carried out in the event of the death of both partners. Choose people as ‘guardians’ who will be acceptable to both sides of the family and most importantly the children. It is recommended that at least one Guardian be appointed as an Executor.

I see you are a member of the Society of Will Writers, who are they?

The Society of Will Writers is a non-profit making self-regulatory organisation whose primary objectives are the advancement, education and ethical standards within the Will Writing profession. Their web-site is www.willwriters.com and their free phone contact number in the UK is 0800 838270 should you require any further information.

Can I leave money to my favourite charity in my Will?

Yes. In fact many people who give to charity choose to leave something behind to their favourite charity or cause when they pass away. Not only does this leave a fitting legacy, it also passes on some excellent tax advantages to the charity receiving it as the charity will not have to pay any Inheritance tax on the donation.

How much does writing a Will cost?

Our service is targeted at the British expatriate living abroad and we believe we offer an excellent and cost effective service. Please see our current price list for further details.

If I use your service and then change my mind or if I am not satisfied with the service, can I get my money back??

As a member of the Society of Will Writers we are bound by their Client Charter. Therefore you are entitled to a refund of any money paid in respect of preparation of your Will(s) should you change your mind. However, if you received your Will(s) in draft or finished form then any refund is at the members discretion and may be subject to charges for the work carried out at your instruction, except in the case of complaint duly investigated by the Society were the member is found to be at fault in the whole or part in which case any refund will be at the Society's discretion.

Please note that all references in this site relate to United Kingdom Wills and all Wills are produced on this basis. Those people of a non-UK nationality are advised to seek advice from a suitably trained professional specialising in the laws of their own country. All information supplied on this site should be used as general information only and individuals should seek advice before completing their Will. Details on this site should not be copied or reproduced in any format without specific written authority.Special thanks goes to the Society Of Will Writers on which some of the content of this site is based.