Probate for UK citizen with a US will and executor

twist_654

I'm looking for advice, my father is a UK citizen but spent a number of years living in Canada and subsequently in Florida in the US. While living in the US, he made a will appointing his friend, a US citizen, as personal representative (executor). This will is lodged with an attorney in the US.

The US attorney has advised that I need to appoint a UK solicitor to make the primary probate application in the UK and a UK executor will be appointed in accordance with UK law. My query is whether I have to appoint a solicitor, as the estate is likely to be very small, a few thousand at most, including UK, Canadian and US bank accounts (no property). The amount in the UK will be about a thousand. Would I be allowed to apply for probate in the UK without a solicitor, given that there is a will in the US naming someone else as personal representative?

Keep_pedalling

We’re was he living at the time of his death? You don’t need a solicitor to handle his UK assets and normally you would not even need probate for such a small amount held in a UK bank.

mta999

can a US citizen (or indeed any foreign national) be an executor of a UK will or does an e xcuter need to be a UK national?

twist_654

To clarify, he will be living in the UK at the time of his death (he's in a care home with advanced dementia so can't make a new will now) but has a US will. There is a very small amount in a UK bank account, a small amount in a US bank and a small amount in a Canadian bank. I've been told that the UK probate has to be granted first, then probate can be applied for in Canada and the US.

Keep_pedalling

You will not need probate in the UK for such a small amount of money. The bank will release the money to you on production of a death certificate and proof of your identity. The US executor does not need to be involved in this.

Do you have power of attorney for your father?

twist_654

https://forums.moneysavingexpert.com/discussion/comment/81887363#Comment_81887363

Yes I have POA but I think I need official probate in the UK before I can get probate in Canada and the US? I then need to split any monies with other beneficiaries named in the US will, not sure if they need to officially agree to me being appointed executor? I can ask them informally if they're happy with that

Keep_pedalling

What about funeral costs? They will eat up the entire UK estate basically leaving it insolvent.

twist_654

https://forums.moneysavingexpert.com/discussion/comment/81887479#Comment_81887479

The funeral costs are prepaid. My main question is about whether I can apply for probate in the UK without a solicitor, given that there is a named executor in the US will (which isn't me). I believe official probate in the UK will be required in order to deal with the Canadian and US bank accounts

Keep_pedalling

You can’t actually apply for probate in the UK before the executor has obtained it in the US first, It will then require the costly process of resealing the will in order to obtain probate in the UK. This is going to cost more than £1000 in legal fees and probate fees.

When the time comes I would explain this to the executor, and that there is nothing stopping you legally releasing the funds without the need for UK probate.

https://allanjanes.com/-Can-I-Get-Probate-with-a-Foreign-Will

silvercar

Given that he is currently alive and you have POA, together with the fact he won’t be travelling overseas, wouldn’t it be easier to now close all overseas accounts and transfer the money to his UK bank account while he is alive? He then has (a) access to all his money here in the UK and (b) when the time comes you won’t need the US executor at all.

SadCodeMan

https://forums.moneysavingexpert.com/discussion/comment/81887531#Comment_81887531

I think it sounds like he is domociled in the UK (but that might not be right). If so, I think it is the other way round potentially. IHT/Probate would be done in the UK first on worldwide estate and then just the US parts dealt with afterwards in the US?

Depending on how the Will is worded, that might need applying for letters of administration in the UK (if it only covers US assets) I think.

I am guessing there is a tax treaty with US to ease double taxation but don't know.

As Silvercar suggests, maybe getting all assets to the UK first would be helpful? (If POA is valid in the US)

I would make 100% sure of the domocile situation first however. I think that is the critical thing in which country will have the 'right' to levy tax on the worldwide estate?

It may even be that the US says it is the US and the UK says it is them… (My experience is only France and UK I am afraid.)