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Sole beneficiary is abroad?

dutchcloggie
dutchcloggie Posts: 239 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
edited 2 April 2013 pm30 12:51PM in Deaths, funerals & probate
Hi,

I want to leave everything to my sister in my will. She, like me, is Dutch and she lives in Holland (unlike me).

Can I just write that I leave all my possessions to her and that she is the sole executor and beneficiary?

Or do I need to appoint someone in the UK as the executor? There is no property in the estate, just money so I don't know if probate will be required or whatever? I just want to give her the money...

Thanks.

Comments

  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    You can appoint anyone has executor etc however your sister if she was to be sole executor would have to come to England to swear the oath for probate etc

    Rob
  • NAR
    NAR Posts: 4,863 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP, unless your sister has children, you may want to think of a contingency, in case your sister predeceases you and you are unable to make a new will through illness. (Just thinking of a worse case scenario)
  • The sister living abroad could appoint a UK based solicitor to act on her behalf, giving them POA to act on her behalf for actions she might not be physically in the UK to attend to.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    madbadrob wrote: »
    You can appoint anyone has executor etc however your sister if she was to be sole executor would have to come to England to swear the oath for probate etc

    Rob

    AIUI the oath can be sworn overseas.(notory,comissioner of oaths or embassy)

    no requirement for it to be in england and wales for a estate under those laws in the followinfg it says

    If you are outside England or Wales, different charges may apply and you may wish to check the fee beforehand

    http://www.justice.gov.uk/courts/probate/applications
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