A global estate involves advisers in several jurisdictions, each responsible for their own part. Without a coordinator, no one is responsible for the overall timetable. The Hong Kong solicitor waits for the Australian grant. The Australian court wants a sealed copy of the Hong Kong grant. The Malaysian lawyer needs a translation that nobody ordered. Meanwhile, eighteen months may pass without meaningful progress.
What coordination involves
- Map the estate. Every asset, country by country, with who owns it legally and which document governs it: the will, a trust deed, joint ownership, nominations or company articles.
- Identify the governing laws. Land generally passes under the law of the place where it sits. Movable assets often follow the law of the deceased’s domicile. Some countries apply forced-heirship or reserved-share rules. Mainland China, for example, sets aside a necessary share for certain dependent heirs.
- Sequence the grants. Decide where to obtain the primary grant and where to reseal it, and in what order, so that each country’s requirements are met once.
- Coordinate the advisers. One set of instructions, one timetable and one place for documents. Advisers in each country do their part knowing what the others are doing.
- Manage tax across borders, including residency of the deceased and the beneficiaries, double tax treaties, and timing of sales and distributions.
- Report to the family regularly, in the family’s language.
Why the Australian lawyer is often the right coordinator
Australian estates involve resealing, family provision claims, capital gains tax rules for foreign beneficiaries and land tax for foreign owners. These rules often drive the timetable. A coordinator based in Australia, who also understands how Hong Kong, Singapore, Malaysia, Taiwan and Mainland China handle estates and works comfortably with their lawyers in Chinese and English, can keep the whole project moving.
For advisers
If you manage a family’s wealth and an estate has stalled across borders, an independent coordinator lets you stay focused on the investment relationship while someone else carries the paperwork.
Frequently asked questions
What does a global estate coordinator do?
A global estate coordinator takes responsibility for the overall timetable of an estate with assets in several countries. They map every asset, identify the governing laws, decide where and in what order grants are obtained and resealed, coordinate the advisers in each country, manage cross-border tax issues and report regularly to the family.
Which country’s law applies to an estate with assets in several countries?
It depends on the asset. Land generally passes under the law of the place where it is located, while movable assets often follow the law of the deceased’s domicile. Some countries also apply forced-heirship or reserved-share rules; mainland China, for example, sets aside a necessary share for certain dependent heirs.
Why do cross-border estates take so long to administer?
Often because no one is responsible for the overall timetable. Advisers in different countries wait on each other: one needs another country’s grant, a court wants a sealed copy, and a translation has not been ordered. Planning the order of the grants and the documents from the start avoids months of delay.
Why is an Australian lawyer often the right coordinator for a global estate?
Australian rules on resealing, family provision claims, capital gains tax for foreign beneficiaries and land tax for foreign owners often drive the timetable. A coordinator based in Australia who also understands how other jurisdictions handle estates, and works with their lawyers in Chinese and English, can keep the whole estate moving.
Chua Tan Associates advises families, executors, trustees and their professional advisers on estate planning, estate administration and estate disputes, in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice. Victorian law unless stated otherwise.
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