Can anyone recommend a solicitor in London for wills?

[EldonAve]

I am looking for solicitor recommendations for wills
I am a UK citizen but my husband is a US - Swedish dual national

I want someone who knows what they are doing and doesn't charge the earth!

[Punktlich2]

Originally Posted by EldonAve

I am looking for solicitor recommendations for wills
I am a UK citizen but my husband is a US - Swedish dual national

I want someone who knows what they are doing and doesn't charge the earth!

This case raises issues that no cheapo local solicitor would know how to handle.

You first need to set out your assets and their location. Lets assume that you are considered to be domiciled in the UK (or deemed domiciled, 17 out of the last 20 years. That simplifies the UK but not the US tax issue.

If the US spouse owns substantial property to be inherited by the non-US spouse you need to decide whether you are going to comply with US estate tax law. If you have US assets, including a pension, then you have little choice. There is transferee liability on the survivor if you don't, and if the survivor has US assets. If the survivor or the estate doesn't comply with US tax law and pay the tax, then there's nothing the IRS can do ... until and unless that survivor visits the US or gets assets there. And a QDOT is anathema to UK law, and UK courts won't enforce US tax law unless the executor asks them to (Lord Mansfield's dictum).

The trickiest thing is if the couple owns a UK house, either jointly or in the name of the US party, to be inherited by the UK party. Then there is a QDOT requirement (you can Google that) -- the house and other assets have to be put in trust with a US trustee to assure eventual payment of estate tax. (Unless of course the 2010 abolition of estate is continued (it won't be) and benefits inheritance by non-US citizen spouses.

Then there is Swedish law, which as far as I know provides for "forced heirship". It may not be applicable if the Swedish spouse has no Swedish assets or if the will accords with Swedish inheritance law in the Civil Code.

If assets are below the US and the UK tax-free amounts then you can use your cheapo solicitor or use a non-solicitor will writing service. But be aware that your case may not be simple, that you may acquire assets in the future, including pension rights.

One or more trusts may be a workaround. Although Swedish law doesn't like them...

[EldonAve]

Thanks for your reply

I appreciate that a cheapo solicitor won't do but I don't want to pay thousands to someone who does a crap job (we have already had this issue with some tax accountants)

[Punktlich2]

Originally Posted by EldonAve

Thanks for your reply

I appreciate that a cheapo solicitor won't do but I don't want to pay thousands to someone who does a crap job (we have already had this issue with some tax accountants)

A temporary will, however bad, is probably better than no will at all. Do something even if you have to copy a free one from the public library. Then you can take your time finding someone who knows what s/he is doing.

When I was in law school many years ago (or one of the law schools, I graduated from law faculties in two different countries) I was warned that most lawyers were incompetent. That has proved to be the case.

I hope you find someone suitable. But make things easy for the professional and for yourself: take an inventory. And keep in mind the issues I raised. In the well-known French case Caron v. Odell the succession of Leslie Caron's father was tied up in French courts for years because he tried to use U.S. (Virgin Islands, I seem to recall but you can find the case online translated into English) trusts to get around French forced heirship law, and disgruntled heirs sought to have French property re-attributed to make up for what they had been denied.

New York State law curiously allows anybody to opt in a NY will to have NY law applied even if they have nothing to do with NY or the USA.

In England, joint ownership and trusts are the usual way to deal with land (which is no to say a will is not still important) and a US court will read the documents and think that because they are in English they understand them. But more than likely they won't. Law of Property Act 1925.

Good luck.

[ernestobritt]

Hi EldonAve,

My simple piece of advice is to look in the yellow pages for your area, and see if you can find solicitors who are well experienced. Another way is to Google it to find reputed solicitors near your area.

__________________
Ernesto Britt
Hinchliffes.co.uk

[jlms]

Originally Posted by ernestobritt

Hi EldonAve,

My simple piece of advice is to look in the yellow pages for your area, and see if you can find solicitors who are well experienced. Another way is to Google it to find reputed solicitors near your area.

Well, that is the "Duh!" answer, but how would you know if somebody has the necessary expertise?

Even if somebody claims to be experienced (who doesn't?) that is no guarantee, there is nothing like a personal recommendation...