Migration and education agents know these families at the start of the journey. Parents send a teenager to a Melbourne school, buy an apartment, and later move here themselves on a business or parent visa. The family’s wealth stays partly in Asia and partly comes to Australia. Your work ends when the visa is granted. Their legal life in Australia is only beginning.
What changes when a family settles here
- Tax residency. Once a family member becomes an Australian tax resident, Australia generally taxes their worldwide income and gains. Distributions from family trusts and companies overseas may be taxed here too, sometimes with interest on past income.
- Wills. A will made in China, Taiwan or Malaysia may not work well for Australian assets, and a new Australian will can accidentally revoke it.
- Property in a child’s name. The apartment bought for the student child is legally the child’s, with consequences on the child’s marriage, divorce or death.
- Parents who live with their children. Elderly parents on parent visas often hold assets overseas and depend on their children here. Powers of attorney, capacity and care arrangements all become relevant.
- Family law. If a marriage ends in Australia, assets in other countries can be considered in the property settlement.
How we work with migration and education agents
Our firm has long-standing experience in immigration law. Two of our lawyers are Accredited Specialists in Immigration Law. We understand visa conditions and the pressures families are under. We are a natural next step for your clients once the visa is granted: for wills, property, family business, estate planning and, where needed, disputes.
We will not take over your migration relationship. We add the legal services you do not provide, in the family’s language.
A simple referral
When a client is granted a permanent visa, or buys property in Australia, suggest a short estate planning review. It is a natural moment, and the family will remember who looked after them.
Frequently asked questions
Does Australia tax worldwide income after a family migrates here?
Generally yes. Once a family member becomes an Australian tax resident, Australia generally taxes their worldwide income and gains. Distributions from family trusts and companies overseas may also be taxed in Australia, sometimes with interest on past income, so families should take tax and legal advice before or soon after they settle here.
Does a will made in China work for Australian assets?
Not always. A will made in China, Taiwan or Malaysia may not work well for Australian assets, and a new Australian will can accidentally revoke it if it is not drafted carefully. Families with assets in more than one country should have their wills reviewed together, so that each covers the right assets and they do not cancel each other out.
Who owns an apartment bought in a child’s name?
Legally, the child. An apartment bought for a student child and registered in the child’s name belongs to the child, with consequences if the child later marries, divorces or dies. Parents who intended to keep control of the property, or who paid for it, should take advice about how ownership is recorded and documented.
When should a migrant family review its estate plan?
Good moments are when a family member is granted a permanent visa or when the family buys property in Australia. Wills, powers of attorney, property ownership and family business arrangements may all need to change once the family settles here, especially where elderly parents hold assets overseas and depend on their children in Australia.
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.
Tell us about the estate
A short message is enough. We reply in English, Mandarin or Cantonese, and quote fees in writing before any work starts.
Estate guides
- Do I need probate? 2-minute check
- What to do when someone dies: 30-day checklist
- No Will? Letters of administration and who inherits
- Estate planning: Will, power of attorney, medical decisions
- Testamentary trusts
- Superannuation and your Will
- Executor problems and disputes
- Professional executor & trustee services
- Client reviews
简体中文 
English (Australia) 
繁體中文