Our expert International and Cross-Border team offers a wide range of legal services for US nationals living in or owing property in the UK. 

 

Estate Planning

We can assist you with the following:

  • Analysing your residence and domicile status from a UK point of view, and reporting on your domicile’s impact on your inheritance tax position.
  • Preparing or updating Wills covering your UK assets, ensuring that these Wills sit well with your US estate planning structures such as US Trusts or Wills.
  • Comment on how your US estate planning will be treated by HMRC, if applicable. 
  • Advising on the interaction between the UK and US legal systems and the differing tax treatment in each jurisdiction (liaising closely with your US advisers as necessary).
  • Analysing any potential exposure to the UK capital taxation regime and the applicability of the US/UK double taxation convention to your circumstances.

 

Probate

If you are acting as an executor of a cross-border UK/US estate and need assistance we can help. We assist with many aspects of US/UK cross-border estate administrations, including:

  • Applications for probate in the UK.
  • Calculating the UK inheritance tax liability.
  • Administering and gathering in UK assets.
  • Liaising with your US lawyer to ensure a joined up approach is taken with the US and UK estate administration. 
  • If you do not have a US lawyer, we can instruct one on your behalf to deal with US estate administration.  
  • We can make applications for federal transfer certificates (IRS form 5173).
  • Escheatment claims. 
  • Providing the IRS or relevant asset holders with the appropriate tax withholding forms pursuant to the UK/US double taxation conventions.
  • Assistance with obtaining a Medallion Signature Guarantee.
  • Investigating whether the deceased complied their US tax reporting obligations, including the duty to file Foreign Bank Account Reports (‘FBARs’).
     

 

Watch: US/UK Estate Planning with Stone King

Effective international estate planning for assets in the US and the UK requires a comprehensive approach due to differing tax systems and legal frameworks. Considerations include UK Inheritance Tax, US Estate Duty, double taxation concerns, and trust tax treatment.

The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.