Skip to content
View in the app

A better way to browse. Learn more.

Thailand News and Discussion Forum | ASEANNOW

A full-screen app on your home screen with push notifications, badges and more.

To install this app on iOS and iPadOS
  1. Tap the Share icon in Safari
  2. Scroll the menu and tap Add to Home Screen.
  3. Tap Add in the top-right corner.
To install this app on Android
  1. Tap the 3-dot menu (⋮) in the top-right corner of the browser.
  2. Tap Add to Home screen or Install app.
  3. Confirm by tapping Install.

UK/Foreign Situs Will + Pet Trust: High-street firm panicked. Se

Featured Replies

Hi everyone,

I am a 49 single British citizen in excellent health. I am currently mapping out a highly specific, multi-jurisdictional estate plan. I recently had an initial consultation with a UK high-street firm that quoted me £350 + VAT (approx. £474 total) for a "standard Will."

However, as soon as I walked them through my exact requirements, the legal assistant clearly panicked, claimed they "don't do cross-border work," and completely failed to understand that I am already hiring a separate, local lawyer to handle my foreign assets.

I am looking to bypass these basic high-street generalists and find a sophisticated, cost-effective professional. I would appreciate your collective brainpower on a few highly specific, strategic questions.

My Situation:

UK Assets: A flat and a bank account (approx. £6,000).

Foreign Assets (Country A): A house and a flat. (I will be instructing a local notary in Country A to draft a local Will under their specific Wills Ordinance to override their default intestacy laws, which would otherwise force my estate to my mother. The local execution now strictly requires a notary, two witnesses, and my thumbprint).

The Goal: I want to completely exclude my mother and her side of the family (prolonged estrangement, zero financial dependency).

The Care Plan: I have a long-term partner/caregiver in another jurisdiction (Country B) who looks after my 10 dogs. I want the bulk of my UK estate to fund their care.

My Planned Estate Architecture

1.A Strict "Situs" UK Will: Geographically ring-fenced to cover only my UK flat and bank accounts.

2.Anti-Revocation Clause: To completely avoid the "revocation trap," the UK Will must have an explicitly restricted revocation clause: "This Will revokes all former wills solely in relation to my assets situated in the UK. It expressly does not revoke any wills relating to my assets in Country A."

3.Defending the Inheritance Act 1975: Since I am disinheriting my mother, I need a formal "Letter of Wishes" drafted alongside the Will to document our estrangement and her complete lack of financial dependency, preemptively shutting down any speculative dependency claims under the 1975 Act.

4.Documenting Testamentary Capacity: Because leaving an estate to pets over blood relatives is highly unconventional, I want to insulate the Will against future "delusion" or capacity challenges. I want the drafting solicitor to keep exhaustive, contemporaneous attendance notes on file proving my sound mind under the Banks v Goodfellow standard.

5.UK-Seated Discretionary Pet Trust: Country B does not legally recognize private trusts. Therefore, I need a Discretionary Trust built into my UK Will. The UK trustees will hold the capital and distribute periodic maintenance stipends to the caregiver abroad, strictly conditional on the ongoing care of the dogs. A registered animal charity will be named as the ultimate backup beneficiary (remainderman) to avoid partial intestacy and ensure tax efficiency.

6.Simple Draft Review: I need the UK solicitor to quickly review the revocation clause of my foreign Will draft (written by my local lawyer) purely to ensure they don't clash before execution.

My Questions for the Experts Here:

Finding "Unbundled" STEP Solicitors: I don't need a massive city firm to manage my global assets. I just need aSTEP-qualified (Society of Trust and Estate Practitioners) solicitor at a smaller, regional firm who is willing to provide "unbundled" services (drafting the UK Will/Trust and doing a quick 10-minute check of my foreign Will's revocation clause). How do I best pitch this to regional STEP solicitors to get a competitive, fixed-fee quote?

The Capacity Note Hack: I want to avoid paying £500+ for an independent medical capacity assessment (the "Golden Rule"), especially since I am only 49 and in perfect health. How do I ensure the drafting solicitor’s contemporaneous notes are robust enough to stand up in court if my family challenges my capacity based on the "unconventional" nature of the Will?

Trust Tax/Logistics for Overseas Payments: Are there any major tax or reporting landmines I should be aware of when a UK-seated discretionary trust is regularly distributing maintenance stipends to a non-resident caregiver in Country B?

Thanks in advance for your advice

Create an account or sign in to comment

Recently Browsing 0

  • No registered users viewing this page.

Account

Navigation

Search

Search

Configure browser push notifications

Chrome (Android)
  1. Tap the lock icon next to the address bar.
  2. Tap Permissions → Notifications.
  3. Adjust your preference.
Chrome (Desktop)
  1. Click the padlock icon in the address bar.
  2. Select Site settings.
  3. Find Notifications and adjust your preference.