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Wills and Cross-Border Planning

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annettemh95

What happens if you are no longer around?

In Vietnam without written guardianship instructions in your Will, if minor children (under 15) are orphaned, the People's Committee (Vietnam Government) can decide where they go after you and your partner die.

As Vietnam is under Civil Law code, spouse, children and parents will automatically inherit, even under a Will. If this is not your intention, you need to direct your Will to a Trust for distribution. Trusts also remove the worry of time on distribution as there is no probate involved.

Foreigners (non Vietnamese) cannot inherit land or property. Therefore, if your loved ones are also Foreigners and are to receive these assets, they must be placed under Trust for your beneficiaries.

Many of our clients are in mixed nationality marriages and/or have assets overseas in different jurisdictions. Whilst we accumulate our assets, we don't necessarily consider the effect or implications of holding these assets when we leave one country to move to another. Many jurisdictions have high taxes on assets we hold onshore and offshore.

Also, if something happens to us and our relatives are overseas, how do we ensure that the right person receives according to our Wishes? How do we ensure that unwarranted or unforeseen taxes do not wipe out the benefits that our loved ones are supposed to receive?

Death taxes are common in many countries (UK - IHT, US - CAT, Spain - ISD etc) so it is also advisable to check what happens to your assets when you die. For example, UK, US and Spain will account for your Global estate and tax on that basis at around 40% when you die! (all have allowances of various levels)

A Will is a simple document that provides you one further instruction to the living, when you die, to ensure that what you own, goes to the right people. If you don't have a Will, everyone, including family can be left guessing what you wanted to do and can cause further delays and heartache whilst they fight for your estate.

We can help you by looking at your whole estate and advise on any hurdles and options you have based on your Nationality, Domicile, Citizenship, Residence, Asset Holding - and your plans for the future!

Estate Planning starts with your Will - please feel free to contact us with any inquiries or about your own personal situation - annette@careysuen.com

l3ully

hahaha, here some short answers:
What happens if you are no longer around?
- I gonna see the down side of Vietnam

As Vietnam is under Civil Law code, spouse, children and parents will automatically inherit, even under a Will. If this is not your intention, you need to direct your Will to a Trust for distribution. Trusts also remove the worry of time on distribution as there is no probate involved.
- this is only partially true, notarized wills should not be affected, however, in times of live, the heiress should know about the will

Many of our clients are in mixed nationality marriages and/or have assets overseas in different jurisdictions. Whilst we accumulate our assets, we don't necessarily consider the effect or implications of holding these assets when we leave one country to move to another. Many jurisdictions have high taxes on assets we hold onshore and offshore.
- a notarized will and signed at the embassy is well ensures, the the heirs can also obtain foreign property as well as foreigners can inherit vietnamese property/land (there are a number of obligations and somehow limited rights) I personally know a few cases and neither the process is fast.

In Vietnam without written guardianship instructions in your Will, if minor children (under 15) are orphaned, the People's Committee (Vietnam Government) can decide where they go after you and your partner die.
- they will stay normally within the extended family and if not, they will stray or stay in temples, homeless shelters ...  The government will interfere there very little, close to nothing

so overall it is nothing but a FALSE advertising

annettemh95

hahaha, here some short answers:
What happens if you are no longer around?
- I gonna see the down side of Vietnam... no comment

As Vietnam is under Civil Law code, spouse, children and parents will automatically inherit, even under a Will. If this is not your intention, you need to direct your Will to a Trust for distribution. Trusts also remove the worry of time on distribution as there is no probate involved.
- this is only partially true, notarized wills should not be affected, however, in times of live, the heiress should know about the will - Trusts outweigh a Will! Anything in your Trust does not have to be mentioned in your Will as it has already been prioritised for your beneficiaries.

Many of our clients are in mixed nationality marriages and/or have assets overseas in different jurisdictions. Whilst we accumulate our assets, we don't necessarily consider the effect or implications of holding these assets when we leave one country to move to another. Many jurisdictions have high taxes on assets we hold onshore and offshore.
- a notarized will and signed at the embassy is well ensures, the the heirs can also obtain foreign property as well as foreigners can inherit vietnamese property/land (there are a number of obligations and somehow limited rights) I personally know a few cases and neither the process is fast. Only if a Will is written! People don't write anything, generally...

In Vietnam without written guardianship instructions in your Will, if minor children (under 15) are orphaned, the People's Committee (Vietnam Government) can decide where they go after you and your partner die.
- they will stay normally within the extended family and if not, they will stray or stay in temples, homeless shelters ...  The government will interfere there very little, close to nothing - and... you want your children in a homeless shelter instead of looked after by the government? Don't you want to have control over where your little ones go, as much as you can and have them with family and friends?

so overall it is nothing but a FALSE advertising - absolutely NOT sir! I have been doing this long enough to know how valuable a Will is and legal written instructions in place. I have seen too much chaos and heart break for this just to be advertising...

I really don't want to get into a debate on opinions but to me, having 29 years in the industry has taught me that prevention is always better than cure when you need your assets distributing and if you want your children to go to a good home, decided by yourself.

can80n

I'm a U.S. citizen and own property in Vietnam, and the U.K., so obviously I'll need to start a Trust for my step-son and his family. I also wish to leave a substantial sum to my Vietnamese girlfriend.

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