British Expatriate Network

Hi, I am sorry if I have posted on the wrong board, but hopefully you can help me.

I am writing from the UK. My 83year old widowed mum lives in Florida, having moved there from the UK with my late dad in the early 1980s. She has asked me to sort out all the necessary paperwork etc in readiness of her dying (hopefully not for quite a while yet!). Having dealt with her US attorney, I believe I have covered everything for Florida, but I am wondering about the UK side. Her only assets in the UK are bank accounts (Current and Savings). She then transfers money over during the year into her US bank accounts. I understand from her that she declares these UK bank accounts on her US tax return and doesn't pay any UK Tax.

Can anyone please advise me as to whether mum needs to have a UK Will as well as her US Will? I do not know where to turn to for help with this question. The UK Bank is no help at all and her attorney in Florida says he does not know the answer.

Many thanks for taking the time to read this, and hopefully someone can point me in the right direction please?

Julie

Hi Julie, welcome to Britnet. I'm sure someone will have the answer. I would have thought an American will could cover all her possessions and would hold up in the UK too, but I'm no expert.

All i know is it depends on whether or not she's a citizen. I know a couple here, the husband died and the wife is getting on and failing now. She refuses to become a citizen and therefore the UK gov. can come in and take taxes on anything left. The tax requirements in UK are more stringent than the USA and most of what she leaves will be swallowed up. Her children are well annoyed as there's a business involved which will have to be disolved when she dies to pay UK taxes.

Thanks for the welcome Monster, and thanks for your reply too Annie. I should have said that mum has a Green Card for the US, which I believe for Death Duties etc in Florida, they count her as a US Citizen. She still holds a UK passport though.

Julie

Julie, all the states have different laws, but a passport trumps a green card, the Uk gov. could ask for monies, cos though she doesn't live there, she's still a citizen.

But you're always a citizen, regardless of where else you have citizenship. :???:

Indeed but I believe the country of residence trumps when it comes to death taxes. In fact you can circumvent taxes by not becoming resident within the time limits, or at least you used to be able to.
Also a green card isn't citizenship, which means your passport issuing country takes first bite, and after the UK, there's never much left.