Is there any problem with having an executor who is not UK resident? 23 June at 9:48AM in Deaths, Funerals & Probate 9 replies 286 views

cowshill

My wife and I are named executors in each other's wills with our daughter named executor when there is no surviving spouse. Our daughter is a UK citizen but now lives in the United States. We have no relatives in the UK and no one else we would feel comfortable asking to be our executor. Our situation is not complicated as our assets consist of a house, a car, bank accounts and one small investment account. There are no debts. The total value of the assets is well below the IHT threshold. Our daughter would come here to deal with the final estate, and we assume that matters that could not be settled in the first few weeks could be handled via post or email or by instructing a solicitor to take specific necessary action. Are there any issues that would be a problem with her not being legally resident or not able to be personally present throughout the process? Might the bank refuse to name a non-resident to an executor account? Thanks for any input.

Keep_pedalling

Normally not recommended, but as it seems she will be the sole beneficiary it seems sensible in this case. She can alway appoint a solicitor to act for her at the time.

You  also need a back up executor in case your daughter either pre deceases you, or no longer has the capacity to act at the time. 

pollypenny

We had a similar situation, but with two adult children.   Last year we altered our wills, replacing son in America as a joint executor with my niece. I know he would have made more work for our daughter. 

However, as you've only one child involved there shouldn't be a problem. 

JGB1955

Your daughter will have to have a UK bank account, with full ID, before any institute will release funds.  Having a solicitor deal with it will cover that base... but have a substantial cost...

josephine82

My sister and I are joint executors for my father's estate and she lives in Australia. There have been no problems apart from the obvious delays with forms needing original signatures that had to be posted to and from Australia, and the fact that she had to present her ID in person to the solicitor and estate agent to confirm adherence with money laundering regs.  My sister has retained a UK bank account and has had no problems with the bank (Halifax) when receiving an interim payment from the estate. 

Socajam

josephine82 said:

My sister and I are joint executors for my father's estate and she lives in Australia. There have been no problems apart from the obvious delays with forms needing original signatures that had to be posted to and from Australia, and the fact that she had to present her ID in person to the solicitor and estate agent to confirm adherence with money laundering regs.  My sister has retained a UK bank account and has had no problems with the bank (Halifax) when receiving an interim payment from the estate. 

That was a good idea of your sister to retain a UK bank account.
It's amazing the number of people who leave the UK and closed out everything. One never knows what life have in store for them.
A friend was going to close her UK bank account and I advised her not to as it would be very foolish.  She kept it and it has come in extremely handy for her over the years.
All one needs is a UK address.

pollypenny

Our son has retained his U.K. bank account, too. He used to pay his professional fees from it. I have a standing order for £1 into it, just reduced from £5. 

seven-day-weekend

We kept all our UK Bank Accounts when we lived in Spain and even had my husband's Teachers' pension paid into one, and then just transferred money as and when.  We just kept the bare minimum in our Spanish account.

londoner_the

I've just completed probate for my late fathers affairs with myself and my brother who lives in New Zealand (but still UK citizen) as executors. No big issues.

Just about everything is done remotely these days, thanks to emails, scanners and the good old postal system.
I did all the legwork in the UK in my sole name. With just the final forms from HMRC and the banks requiring signatures which we emailed and then sent back via post. 

The only requirement is an ID check which has to be the original. We did this when my brother came for the funeral.
I beleive you can even get an overseas solicitor to validate it and send a copy in the post. But don't quote me on that.

All the funds went into a single bank account in my name.

Trick is also not to mention they are overseas to any of the banks. They don't need to know. But as soon as they do. Its starts a thought process.

Keep_pedalling

londoner_the said:

I've just completed probate for my late fathers affairs with myself and my brother who lives in New Zealand (but still UK citizen) as executors. No big issues.

Just about everything is done remotely these days, thanks to emails, scanners and the good old postal system.
I did all the legwork in the UK in my sole name. With just the final forms from HMRC and the banks requiring signatures which we emailed and then sent back via post. 

The only requirement is an ID check which has to be the original. We did this when my brother came for the funeral.
I beleive you can even get an overseas solicitor to validate it and send a copy in the post. But don't quote me on that.

All the funds went into a single bank account in my name.

Trick is also not to mention they are overseas to any of the banks. They don't need to know. But as soon as they do. Its starts a thought process.

A better option would have been for your sibling to reserve powers so that they would only need to get involved if something happened to you.