American Living In The UK? Here's the estate planning traps to watch out for

Описание: In this episode of US-UK Tax Talk, Aidan Grant, Partner in the Tax & Estate Planning team at Collyer Bristow, answers common listener questions on estate planning for Americans living in the UK.

From wills and probate to living trusts, inheritance tax, family gifting, property ownership, and powers of attorney, Aidan explains when estate planning can stay simple, where cross-border complexity genuinely arises, and how US citizens in the UK can approach planning decisions with confidence.

Come back for new episodes of US-UK Tax Talk released on the first Wednesday of every month. For questions or feedback, please contact us at [email protected]

🔗 Aidan Grant – Partner, Tax & Estate Planning
https://collyerbristow.com/people-lis...

🔗 Collyer Bristow – Tax & Estate Planning Team
https://collyerbristow.com/

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Chapters:

01:02 Does my estate planning need to be complicated just because I'm an American living in the UK?
05:15 I'm an American living in the UK. Do I have to have a will in both countries?
12:20 I'm a UK resident and a US attorney is recommending that I put in place a living trust over my US assets to avoid probate. Should I do that or are there better ways to do that given my UK status?
19:35 I feel like my estate planning wishes are simple, but as an American, I'm worried about my exposure to inheritance tax. Is there anything I can do?
28:20 My parents live in the US and they want to make gifts to me as part of their estate planning. Are there any UK tax issues I need to be aware of?
34:44 My parents are redoing their US estate planning. Does the fact that I'm UK resident mean they need to think differently about what that planning does?
40:06 My spouse and I are looking to purchase a new home in the UK. I'm an American, but he's not. Is there anything concerning the ownership of our home that we should consider?
45:44 Should I make powers of attorney in both countries?
51:11 I know I need advice, but I don't know who to ask. Do I need a lawyer? Do I need an accountant? Do I need a financial advisor?9


What’s Covered?

Does my estate planning have to be complex just because I’m an American living in the UK? Being subject to two tax systems does not automatically mean your estate plan needs to be complicated. Simple objectives can often be met with simple planning.

I’m an American living in the UK with assets in both countries. Do I need a will in both jurisdictions? There is no fixed rule. The right approach depends on probate timing, cost, and administrative efficiency.

A US attorney has recommended a living trust to avoid US probate, should I do that? US living trusts can be effective but are not always the right solution for UK-resident Americans and may create UK tax issues if used incorrectly.

My estate planning wishes are simple, but I’m worried about UK inheritance tax, what can I do? Inheritance tax exposure can often be managed without over-engineering, but cross-border alignment is essential.

My parents live in the US and want to make lifetime gifts to me. Are there UK tax issues? Yes. UK tax consequences can arise for UK-resident recipients even when gifts are made by US-based parents.

My parents are redoing their US estate planning. Does my UK residence matter? Yes. The residence and tax position of beneficiaries can materially affect how US estate planning works in practice.

My spouse and I are buying a home in the UK. I’m American, but my spouse isn’t, should we think about ownership? Property ownership structure can have significant estate planning and tax implications for mixed-nationality couples.

Should I put powers of attorney in place in both the US and the UK? Powers of attorney are jurisdiction-specific and often need to be put in place separately to be effective.

I know I need advice, but who do I actually need - a lawyer, accountant, or financial adviser? Cross-border estate planning usually requires coordinated advice, and knowing who to involve is key.