A foreigner passed away outside of the UK but left a bank account inside of the UK, The money has to be passed to his/her spouse outside of the UK. What is the most economic way to do this? Does the deceased foreigner have to register the death in the UK authority etc. etc.?
You probably won't need to register the death with the government authorities.But I expect the bank will need to see at least a copy of the Death Certificate and probably also the foreign will.They may want the will to be resealed here (i.e officially authenticated) Depends on which foreign country we are talking about and what the deceased's domicile was.This is a specilaised area.Ask the bank first and then a specialist in foreign wills.
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2009 update Wills and Estate Planning
The new Probate Law and court decisions made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
1. Recent cases & suspicious circumstances
Preparation of Wills
When there is a confidential relationship coupled with suspicious circumstances, undue influence is presumed and the burden of proof shifts to the Will proponent to overcome the presumption.
If there is undue influence in making of Will and transfer by Deed of a house by persons in Confidential relationship, this could subject those persons to punitive damages in some instances, plus voiding of the Will. In the Matter of the Estate of Madeleine Stockdale, Deceased (A-121-06) Decided July 22, 2008
The New Probate Law
SENATE Law No. 708 made a number of substantial changes to the provisions governing the administration of estates and trusts in New Jersey.
The adoption of portions of the Uniform Probate Code attempted to bring greater uniformity to the rules governing testamentary and non-testamentary transfers to make most state laws similar.
1.Almost Wills.
The law expands situations where writings that are intended as Wills would be allowed, but requires that the burden of proof on the proponent would be by clear and convincing evidence. Possibly a Christmas card with handwritten notes could be presented as a Will or Codicil.
To present a non formal Will or writing requires an expensive Complaint and Order to Show Cause to be filed in the Superior Court, and a hearing in front of a Superior Court Judge.
Be careful, have a Will done properly by an experienced attorney.
Contact a Probate Attorney for an in office consultation
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
More information at www.CentralJerseyElderLaw.com
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Orange County Estate Planning Attorney Tamsen Reinheimer discusses the three drawbacks of Probate. MORTENSEN & REINHEIMER, PC handles all aspects of estate planning including trusts, wills, probate administration, power of attorney and marital property agreements. You can contact Ms. Reinheimer at www.OCEstatePlanning.net or by calling (714) 573-7149.
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Many probate courts place entire wills and asset lists in public record or make them available online. Learn about what goes public in probate from an estate planning and probate lawyer in this free video on estate law.
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http://www.estateplanningforyou.com
Mitchell R. Miller — a tax, trusts and estate lawyer for 30 years — talks about making sure that a person’s estate does not go through probate. Probate costs money, takes time, and can cause major aggravation.
If you only have a will and do not have a living trust, your estate will go through probate.
A will is not enough to avoid probate. You need a living trust.
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