I have a H and W case whereby one is a Canadian National and the other is
an Italian National. They have both been in the UK since August 2016 and
just purchased a house. The mortgage is only in H’s name as the W is still
going through permanent residency application. They have 3 children – the
youngest is 3.
They do not have any overseas assets other than a joint investment in
shares in Jersey. I have suggested an English Will to cover their assets
including Jersey, as resealing the English grant is not too onerous. I
have suggested local Wills if they acquire any property abroad. Is this ok?
They wish to appoint Guardians who reside in Argentina – my question is –
what checks etc. do Social Workers have to carry out before the children
could be taken abroad – or is there no check and the Guardians simply come
over to the UK and take the children away?
If social services do carry our checks to ensure ‘safe environment for the
child’ do they link up with overseas agencies who would carry out the
checks etc. and during this period could the client appoint a temporary UK
based guardian in the Will. The clients are keen to get clarity on this
before making their Wills and I’m just not sure and can’t find anything
definitive on-line or in any of my Law books but surely it’s a situation
that must arise from time to time??
Any help appreciated as always.