Making a UK will from Germany

[emkay 10,319]

Does anyone have any recent experience of making a UK will from Germany? I’ve spoken to a few solicitors from my UK home town though all have said it’s not possible without a face to face meeting. 
 

Can anyone recommend a UK solicitor or, any of the online will writing services.

 

Many thanks in advance. 

[AdHa 55]

https://www.lawdepot.co.uk/contracts/last-will-and-testament-uk

[BethAnnBitt 2,991]

1 hour ago, emkay said:

Does anyone have any recent experience of making a UK will from Germany? I’ve spoken to a few solicitors from my UK home town though all have said it’s not possible without a face to face meeting. 

That may be true, or is just to earn £?  I know nothing about 🇬🇧 testament law but am a healthy skeptic about lawyers’ claims.

Quote

Can anyone recommend a UK solicitor or, any of the online will writing services.

I used the template from Law Depot to make the very short new will my mom wanted in Colorado last November.  In the US wills are governed by state rather than federal law and one needs to be aware of what steps must be taken to make the will legally enforceable. You’ld wanna do the same if you use the Law Depot template for a 🇬🇧 will, as @AdHa suggested. Best of luck with the project.

[emkay 10,319]

Thanks for the suggestions of the online templates. Whilst my UK will is quite simple, some factors need some legal advice. The gov.uk website is quite helpful though also states that legal advice is recommended if permanent address outside of the UK etc. Also, storage of a will at the National Probate Registry isn’t so easy as payment is required by cheque or postal order. I haven’t used cheques since 2010!

 

I think I’ve found a suitable solicitor that I know of in my UK home town. They are willing to speak by phone and maybe a brief WhatsApp, messenger, facetime video call to ensure my German ID photo is genuine.  Their fee is £200 which is the normal rate.  And, they can arrange my will before my surgery next week…..just in case! 

[BethAnnBitt 2,991]

15 minutes ago, emkay said:

I think I’ve found a suitable solicitor that I know of in my UK home town. They are willing to speak by phone and maybe a brief WhatsApp, messenger, facetime video call to ensure my German ID photo is genuine.

I was thinking that there’s not much that don’t be done via video these days fortunately.  And this is £ well worth your peace of mind.  Good luck with surgery!

[Gambatte 972]

Back in 2017 we used Usiskin, based in Oxford. We didn't do a in-person meeting, only phone email and post.

I contacted a few, most said a face-to-face meeting was necessary. But not all. I remember with our first choice, after they told us "no, you don't need to come over" we went to the hassle of preparing documents etc just to be told later "actually yes, you must come here in person". 

I guess now post covid etc there is better acceptance for doing things remotely.

I even know of romantic relationship between individuals that only ever met online.

[optimista 5,925]

Just out of interest do you know how your german residency and nationality could affect a  UK will ?

[emkay 10,319]

1 hour ago, optimista said:

Just out of interest do you know how your german residency and nationality could affect a  UK will ?

I just asked the solicitor. He said that with such a simple will, there shouldn’t be a problem. With complex wills, an international law solicitor’s advice would be necessary. The general requirement where property is owned abroad, a local will is necessary. My father had to do this in Cyprus for example. 

[emkay 10,319]

A quick question for anyone else that has a UK will written by a solicitor. Have you kept the original will yourself or is it retained by the solicitor? I was advised that I can choose. I’m erring towards keeping it myself in a fireproof safe. 

[kiplette 8,795]

My Dad's was both with the solicitor and in his own papers. I would want it myself, I think. 

[emkay 10,319]

2 hours ago, kiplette said:

My Dad's was both with the solicitor and in his own papers. I would want it myself, I think. 

Would you want the original to be in a different country and only a copies nearby? I asked why I couldn’t copy the emailed version twice and get the same witnesses sign both copies.  Belt and braces! No, the solicitor can only sign one copy that would be the original. 

[kiplette 8,795]

I would want the original to be with me, I think. 

 

I suppose the key is to look at the rules for enacting a will on gov.uk or somewhere and see what your executors would be expected to do in the event of enacting the will, and work out where it's best for the thing to be.

 

Why you can't have more than one copy is beyond me. That's how we had it - unless my Dad's was just a copy copy, as it were, but I am nearly sure not. Unless, and this might be the thing - he made a will himself, and lodged a copy with the solicitor before he left the UK (or during a visit) and had another himself.

 

That's not what you want to do, so it looks like you are going to be stuck with one. Bonkers.

[optimista 5,925]

Well, I have found out through own recent expérience that if you leave an original document with a sollicitor or notary there is no guarantee that it will not be replaced by a  document you never signed. Yes really.  Someone just needs to bribe (presumably) the secretary to swap it in the archives. Guess this could also happen at home. Without the bribe.

[emkay 10,319]

50 minutes ago, optimista said:

Well, I have found out through own recent expérience that if you leave an original document with a sollicitor or notary there is no guarantee that it will not be replaced by a  document you never signed. Yes really.  Someone just needs to bribe (presumably) the secretary to swap it in the archives. Guess this could also happen at home. Without the bribe.

Well, I don’t think anything like this would happen to me. I’m just not sure what would happen if the solicitor ceased trading. They don’t store at the National Probate Registry either.  Best that the original will comes to me for safe keeping. 

[Gambatte 972]

We have stuff in the UK, none if us is Brit, and our only will was made by a UK solicitor. And our will is at our place.

[dstanners 1,555]

14 hours ago, emkay said:

I’m just not sure what would happen if the solicitor ceased trading

A solicitor's firm I was using to sell a house in the UK was closed down a few years ago. All the documents were sent to the Solicitors' Regulatory Authority. They would have subsequently arranged for another firm to take over the files, but I obtained the documents I needed from the SRA directly. A more usual case would be if the firm closed due to retirement etc, in that case, the solicitor will contact you either to give you the documents back, or to tell you to whom he intends to pass the files (again, a back stop would be the SRA). 

 

Your solicitor could give you a certified copy of the will. A reason they may be unwilling to give you a copy is that if/when wills change, you are supposed to destroy the original. If they don't have all copies, there is the risk that a subsequent will could be challenged by someone still in possession of an "original". One option is for you to check that the solicitor has filed a copy with the Probate Department of the Family Division of the High Court, or an alternative private company like the National Will Register. This isn't mandatory and doesn't impact the validity of a will, but does make it easier for anyone to find a copy in future if necessary.

 

You can also register your will with the above bodies yourself, or as other people have said, you can keep a copy yourself. A solicitor isn't crucial.

 

I hope the operation goes well though, and none of this will be relevant for many, many years.

 

 

 

[kiplette 8,795]

On 03/02/2023, 10:24:38, dstanners said:

I hope the operation goes well though, and none of this will be relevant for many, many years.

 

Yes, this, emkay. Very much.