Last reviewed: 1 November 2026
Quick answer
Many Myanmar and Sino-Burmese business families now have children who studied in Australia and stayed. The business may remain in Yangon or Mandalay, with assets in Singapore or Thailand, while the next generation builds careers, buys homes and marries in Australia. Succession then has an Australian side that needs planning: wills, family claims, relationship property, company and trust arrangements, and agreement within the family about who will do what.
A familiar pattern
The founder runs the business. One child is in Melbourne, another in Singapore, and a third has stayed at home. Each has different expectations. Without a plan, the family’s Australian assets may pass in ways no one intended, and disagreements surface at the worst time.
As a second-generation lawyer in my own family’s firm, I have seen these conversations from the inside. They are easier when they start early and when everyone understands the rules that will apply.
The Australian side of succession
- Wills and testamentary trusts: a Victorian will for Australian assets, coordinated with arrangements elsewhere, can protect children and grandchildren;
- Family claims: in Victoria, certain family members can claim against an estate if they were not adequately provided for, so a plan should anticipate this;
- Relationships: if a child in Australia separates, Australian family law may treat family gifts and assets as relationship property unless the position is documented;
- Companies and trusts: Australian companies and family trusts need clear control and succession provisions, so that a death or incapacity does not freeze them.
Family governance
Legal documents work best when the family agrees on the direction. Some families hold structured family meetings, prepare a family charter, or set up an advisory board so that the next generation can learn to make decisions before taking over. A neutral facilitator often helps when siblings live in different countries and see the business differently.
When the next generation starts an Australian business
Children in Australia often want to start a business or invest with family support. This needs a proper company structure, a shareholders’ agreement, clear terms for any family funding, and the source-of-funds and sanctions checks that apply to Myanmar-linked money. Getting this right early avoids disputes between siblings and with outside partners later.
If a dispute has started
Many family business disputes can be resolved through mediation before positions harden. Mediation is private and allows the family to reach solutions that a court could not order.
Frequently asked questions
Does a will made in Myanmar cover our Australian assets?
It may be recognised, but a separate Victorian will for Australian assets often makes administration much simpler. The two wills must be coordinated.
Can family members challenge a will in Victoria?
Yes, certain family members can make a claim if they were not adequately provided for. Planning should take this into account.
How do we protect family money given to a child who later marries?
Document whether it is a gift, loan or investment, and consider a financial agreement where appropriate.
Can you help run a family meeting?
Yes. An accredited mediator can facilitate family meetings, including by video across countries.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Myanmar and Sino-Burmese families on Australian legal matters. We are a second-generation family firm, and we understand how family businesses in South-East Asia hold and pass on wealth. We work by video and alongside your lawyers, accountants and private bankers in Myanmar, Singapore and Thailand. We help with:
- Victorian wills and testamentary trusts coordinated with your other arrangements;
- company, shareholder and family trust arrangements in Australia;
- documenting family funding to the next generation;
- facilitated family meetings and mediation of family business disputes.
The first step is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal, tax or financial advice. Do not rely on it for your own situation: the law and practice change, and the right answer depends on your facts. Points about Myanmar law, Myanmar tax and foreign exchange rules are a general overview only; obtain advice from a Myanmar lawyer or tax adviser for matters in Myanmar.
Official sources
More guides for Myanmar and Sino-Burmese families
Related reading
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. 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.
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