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Can a person be an Executor of a Will if they reside outside the UK?

Can a person be an Executor of a Will of a person who dies a british citizen in the UK if they reside outside the UK?

Yes they can, as long as there is no other reason to disqualify them from acting, being abroad makes no difference.

There could be a logistics problem, getting paperwork signed and the worry that the Will might get lost in the post if it has to be posted abroad to the Executor.

If the Executor is not "on the ground" as it were, it makes it more difficult for him to fulfil his duties as Executor and so often Executors living abroad will appoint a UK attorney to deal with it all for them, either a lay person or a professional firm.

If there is Inheritance Tax to pay and the only Executor  is not UK resident HMRC will consider putting a charge over property in the estate until all the tax is paid.

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by mariam — last modified 2008-07-19 00:57

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