Often, many of us don’t like to discuss the necessity of having a Will with our family, but despite that, it is a crucial topic which you must talk about to your loved ones. It becomes a priority when you’re a globetrotter as it becomes all the more difficult to draft or discuss having one with your family.
As a UK citizen, you may have assets in this country which means you require a UK Last Will to legally cite them as your belongings. This is important because a Will for any other country cannot legalise ownership of UK property.
Legal norms differ from country to country, therefore it is important to verify laws of the specific country and thereupon draft your Will. This means that a Thai Will is not stand up in a UK court.
Moreover, it is essential to draft the Will in language of that particular country. For instance, if you hold assets in Thailand, your Will should be written in Thai. Apart from the obvious language barrier, functionality is also a hurdle.
Property laws applicable in the UK are different from those in Indonesia or Australia. This clearly indicates that a Will written in English under Thai law is likely to be unacceptable in a UK court.
In such situations, most people prefer using a simple DIY kit which is not a good option, as it works if and only when you have assets in one particular country. If you own properties in different countries of the world, this kit won’t really work for you.
In case you use a blank template to draft a UK Last Will, you are likely to face certain issues, some of which we will discuss below:
Insufficiency
The Will is likely to be insufficient when the necessary details required by the court of that particular country aren’t mentioned. The same is the case when it lacks significant information like trusts for minors, alternate plans, power granted to Executor and so on. You may unknowingly prepare a Will that is legally invalid.
Design
The design and framework of a UK Will is likely to be different and may not work collectively with any other Will. This may create a lot of problems for your dear ones as they lose ownership of the assets that you own overseas.
This is applicable to even holographic and handwritten Wills. Despite it always being done in movies, it is actually very difficult to draft a Will on a blank piece of paper (or napkin) as it’s likely you will get it wrong.
Instead, it is recommended that you search for a free Will template that can help you draft it correctly.
It’s also suggested that you seek assistance from experts and thereupon draft a Will with them so that you do not lose anything during the process. Any clause mentioned in a well drafted Will is not unnecessarily added.
By now you must be well aware of the fact that multiple Wills are required (one belonging to each country where you have your own assets and properties). Now the question is, how logistically sound will it be to get the Wills drafted by a solicitor in each country?
The issue arises when you use a solicitor to draft a UK Last Will and Testament; they are licensed to practice law in the UK. This would mean they will have their law firm or office in the UK.
Since the documents are to be signed by you and your witnesses, it means that you and your witnesses have to travel to the UK to sign the Will. Hence, this is a major barrier that you will have to face while drafting your UK Last Will and Testaments if you’re not in the country.
Our Advice
It is not necessary to have a solicitor to draft your Will and Testaments. Also, it is not advisable to use a blank form kit to draft your own Will, either. There are several online Will drafting services available across the UK.
They offer interactive sessions to their clients where they ask questions about their family and the client’s intentions regarding to their property.
Additionally, they also encourage people to develop an alternative plan and only allow you to do things in your legal Will that are acceptable by law in the UK.
Remember that you can draft your UK Last Will and Testaments from anywhere in the world. But you’ll need to print and sign it in the presence of two witnesses.