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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Can a person who is not a British citizen (but does have a

Resolved Question:

Can a person who is not a British citizen (but does have a resident visa) who is living in the UK make a valid will in the UK?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Alice H replied 2 years ago.
Alice H : My name is ***** ***** I am a Solicitor based in London. I'm happy to help with your question today.
Alice H : The short answer is YES but I am happy to discuss further if you wish to go into the details,
Customer:

Thanks for the short answer. I'll give a little bit more details and you can see if this changes your answer. I got married last year and I've moved with my wife and son to the UK. I had a will in Australia, but my wife is American. So the first thing is that the marriage voided mine and my wife's will. So now we need new ones. But we didn't do it before we left. So now I need to get this done, so I was wondering due to citizenship whether it actually made a difference or not. So I thought that if we made a will here, in accordance with the laws of the UK, then it should be valid no matter where we end up. We all have residency visas if that helps. I can follow the guidelines online for making a valid will - that seems simple enough. I'd appreciate your thoughts?

Alice H : OK. Firstly I would not make a will online myself: I would go to a solicitor and pay a little bit more for the service. Two reasons: first the solicitor is qualified to look at your circumstances and advise on the best clauses and second the solicitor is insured and you will have some backing if things go wrong. DIY wills while cheap and quick lead to all sorts of problems later on. Also if the wills are being made in the UK whilst you are here they will become valid wherever you end up so long as they're done in accordance with the laws of England and Wales. I cannot think of any foreign jurisdiction that excludes UK made wills.
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