It is actually not uncommon to do so. If you have two different wills, it could lead to a will contest. 4 years ago. There are two ways of addressing assets in a different country: an international Will can be prepared; or; a Will can be prepared in each of the different countries. Peter Esders. If you have accumulated pension rights in other countries, you will only receive those parts of your pension once you have reached the legal retirement age in those countries. But, as to the Trust, a person in California can have several Trusts (revocable and irrevocable) as part of their estate plan. This article is not intended to serve as legal advice. The latest one? As the tax rates went up, some smart lawyers (I can’t claim credit for this idea) started using two wills to step around the tax.   Occasionally, some countries recognize Wills drafted in another jurisdiction. It is probably not necessary to have two separate wills. Akua Carmichael is an independent estate lawyer and can be reached at editor@advisorsedgereport.com. In general, we recommend that you write a Will for each jurisdiction in which you hold assets, which may be a problem if you are an English speaker in a non-English country. In essence, the estate will pay the higher of the two countries’ estate taxes. Procedurally, therefore, in many situations, it can be better to make two separate Wills." Any mistakes and your assets may not be distributed as you initially desired. What you will want is one will that is valid in both countries, if possible. International Will . Only the domiciliary country may tax the personal property, such as vehicles and any furniture. When individuals reside in one country and own assets in another, the laws of different countries can create unintended consequences if you pass away. We were so lucky to have found you being 5000 miles away.” As an Expat, there are numerous issues that complicate the Will-making process. Have an authorized witness certificate attached to the Will confirming certain requirements have been met. Can I Have 2 Drivers Licenses. It is unlikely that a local attorney will have knowledge of the legal requirements for a valid Will in every country where foreign assets are located, so it is advisable to seek expert local advice regarding the applicable laws and estate planning requirements. If not, then yes, the latest one will be applied. You can have a “copy” written in your own language, but the Thai one will prevail in any court. These different Wills need to work alongside each other and be written carefully so that a subsequent Will in a different jurisdiction for assets held there, doesn’t, inadvertently, revoke a Will already made somewhere else. There is no doubt that this can be a practical difficulty. Until more do, using a two will strategy will often be the right solution. 2 0. bojko. If you have or are about to acquire assets in Australia you should consider how they will be dealt with after you die to ensure that the process of administering your Australian estate is as smooth as possible for your loved ones. Most countries have laws that accept wills that are valid in the county where made, even if not valid in the other country. It depends on whether the Wills are limited to certain assets. You can only receive your pension from the country where you now live (or last worked) once you have reached the legal retirement age in that country. These are: an international Will; or; concurrent Wills. For example, Florida recognizes neither. Some countries charge a higher tax rate to pass property to someone who lives in a different country. Source(s): https://shorte.im/baHiz. Here is the problem. Date: 28/7/2020. prevails but opens the door to a Will contest in Probate court. This is called having ‘concurrent Wills’, and both your Australian Will and your foreign Will need to be drafted carefully so they do not accidently revoke one another! I have the bulk of our affairs in the UK but alarmingly don’t have any Wills drawn-up despite her constantly nagging me to do so. Peter Esders (Judicare Group) (This article was first published in A Place in the Sun Magazine - Spring 2015 issue 121) Author. For reasons that are explained below, we suggest that concurrent Wills will usually be the best solution. As you can see, if you have a will made in England, which says you leave all your property to your friend and not your family, then whilst it is a valid will in England it could be deemed invalid in its application to your foreign assets if situated in a country with forced heirship legislation, and thus creating a potential inheritance dispute. The simple answer to the question posed is Yes. International Wills. Very, very few countries have. Taxation. 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