Check out some similar questions!

Starproms · Dec 15, 2011, 08:52 AM

I made a Will in England but some of the time I live in Tennessee with my husband. Is my Will valid in Tennessee or do I need to make another one?

ebaines · Dec 15, 2011, 09:15 AM

It's valid in TN if it meets the criteria for a valid will (i.e. proper signatures, witnesses, etc - here's a good description of what's minimally required: http://en.wikipedia.org/wiki/Will_(law) ). You say "some of the time" you live in TN - what's important is your legal residency. If you're an American citizen with legal residence in TN (i.e. that's where you vote, own a residence, etc) then I would advise having a local TN attorney help draw up a new will for you (and while you're at it also Power of Attorney and a "living will" documents). But if you're a UK citizen with residency in England and you occasionally visit TN then stick with your existing English will.

Starproms · Dec 15, 2011, 03:09 PM

Hello ebaines and thank you very much for your answer. I have a Green Card with a ten year extension, giving me legal residency in the U.S. I live almost half of the time in each country, owing to current family commitments. I appreciate your quick reply and will now take a look at what it says in Wikipedia.

Starproms

Fr_Chuck · Dec 15, 2011, 08:38 PM

And of course is there property and money in both nations ?

After this would it not also be possible to make one will that meets all of the requirements of both areas.

Starproms · Dec 16, 2011, 11:46 AM

Hello Fr Chuck and thank you for your answer. Yes there is property in both places and the disposal of both is provided for in my English Will. I don't see why I should make an additional Will just to satisfy the State of TN over here. As far as I knew, a Will was a Will, wherever it was drawn up. So long as it is legal and mine is, then it should be accepted anywhere in the world. Is that not so?

ebaines · Dec 16, 2011, 01:19 PM

Originally Posted by Starproms

Yes there is property in both places and the disposal of both is provided for in my English Will. I don't see why I should make an additional Will just to satisfy the State of TN over here. As far as I knew, a Will was a Will, wherever it was drawn up. So long as it is legal and mine is, then it should be accepted anywhere in the world. Is that not so?

Yes, this true. It does not matter who drew up the will, or where. Per my earlier response the only thing you must verify is that the will contains the required elements to be legal for TN. If it does then you are all set.

JudyKayTee · Dec 16, 2011, 02:54 PM

Where is your legal residence? That's where the Will will be probated. You, of course, have to make certain that one Will meets the requirements of two countries/States.

If you have two Wills, one for each place, probate will be a nightmare.

Starproms · Dec 18, 2011, 02:31 PM

What is meant by a 'Legal Residence' exactly?

JudyKayTee · Dec 18, 2011, 02:35 PM

You must have a legal residence where you vote, pay taxes, things of that nature. For example, a summer home is not a legal residence. A vacation home is not a legal residence.

It appears the US is not your legal residence. Do you have a residence address in the UK?

If, for example, your Will is prepared in the UK it can and will control your US assets as long as it complies with TN law.

I would have it prepared in the UK and then have a TN Attorney review it.

Starproms · Dec 18, 2011, 02:56 PM

That's very helpful Judy. My legal residence is then in the U.K. My Will was drawn up in the U.K. under my terms that it would cover everything, there and here. So all seems in order. Thank you.

S