Probate for UK citizen with a US will and executor

twist_654

https://forums.moneysavingexpert.com/discussion/comment/81888353#Comment_81888353

Thanks, the beneficiaries are two UK residents (including myself) and two Canadian residents, just to add further complexity! Additionally my father managed to get one of my middle names wrong so I don't even know if I'll get anything, not that there's much to get in the first place. I am.tempted to just notify his UK bank with a death certificate when the time comes and refuse to have anything further to do with it. I can't be forced to take further action can I?

You mention probating his US will in the UK, is there a cost to this or can I just send it in with a self submitted probate application (no solicitor involved)? Of course I don't know the process/costs for getting probate in Canada and the US and whether I should even bother.

There is also a possibility he is still married to a Canadian citizen he married after the US will was made, but we don't know if she is still alive or not or whether they got divorced or not.

lohr500

Oh my goodness. My thoughts go out to you as you try to unscramble all of this.

As a layman when it comes to these things, if it was me and the sums involved were what I would consider to be insignificant in the scale of things, then sady I would be tempted to just walk away from it.

I guess the only unknown is if there is a significant value of assets still sat somewhere in the US or Canada to which you may have some entitlement. If you are sure there isn't then even more reason to step back.

My limited understanding is that you have no legal requirement to accept being the executor.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81888661#Comment_81888661

Just when it you thought it could get no more complicated. From a quick Google it seems like a Florida will is not invalidated by the testator getting married but the spouse would be entitled to the same amount of the estate as they would get if he died intestate which is 50% of the estate.

If you wish you could simply walk away there is no obligation for you to do anything with regard to administering the estate.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/81888841#Comment_81888841

https://forums.moneysavingexpert.com/discussion/comment/81888661#Comment_81888661

If considering obtaining UK probate of the American Will there is undoubtedly going to be a cost to obtain legal advice as set out in the 6th Paragraph of the article @Keep_pedalling sent you below.

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

As you will see, you will either require UK legal advice that the Will complies with the requirements of S.9 Wills Act 1887, and possibly a definitive written statement of law from a US attorney that the will is a valid testementary instrument in their jurisdiction.

Whichever way you look at it, this is not a DIY excercise and requires competent legal representation to get probate over the line.

Given all the effort and potential expense required for little reward, and since you are a mere beneficiary with no executorship obligations, you can indeed walk away from the entire matter and leave the US executor to decide what he wishes to do in your absence.

Harsh as this may sound and with so little at stake (monetarily), I can't see it makes much sense you devoting significant time and resources to try and achieve a more positive outcome.

twist_654

Thanks everyone for all your advice, much appreciated!