Many of the families we act for hold wealth in more than one country. They may have a home in Singapore or Kuala Lumpur, a business in Hong Kong or mainland China, and an apartment, investment property or share portfolio in Melbourne. They often already have a Will made at home and assume it covers everything.
Sometimes it does. Often it covers everything on paper but works poorly in practice.
Will Australia recognise my overseas Will?
In many cases, yes. Victorian law will generally accept a Will as validly made if it complied with the law of the place where it was signed, or of the place where the will-maker lived or was a citizen. A Will validly signed in Singapore, Malaysia, Hong Kong or Taiwan is therefore not automatically invalid here.
Being recognised is not the same as being easy to use. To sell or transfer Victorian land, close bank accounts or deal with shares, your executor will usually still need a grant of probate from the Supreme Court of Victoria, or the resealing of a grant obtained overseas. That can involve:
- certified translations of the Will and supporting documents;
- evidence of the foreign law under which the Will was made;
- affidavits from witnesses who may be hard to locate years later;
- waiting for the overseas grant before anything can start in Australia.
Meanwhile, the Australian property may sit with rates, owners corporation fees and land tax accruing, and nobody with authority to sell or lease it.
The case for a separate Australian Will
A common solution is a separate Will dealing only with Australian assets, alongside a Will at home covering everything else. Done well, this lets an executor in Australia apply for probate here using a Victorian document prepared to Victorian standards. That usually means a faster, cheaper and more predictable administration.
Done badly, a second Will creates new problems. The most serious are:
- Accidental revocation. Most Wills begin by revoking all earlier Wills. If the Australian Will is not carefully worded, it can cancel the Will at home, or the reverse.
- Gaps and overlaps. Assets that fall between the two documents, such as an overseas bank account holding proceeds from an Australian sale, can end up covered by neither or by both.
- Inconsistent beneficiaries. If the two Wills divide wealth differently without a clear plan, family members may feel one has been favoured.
- Executors who do not coordinate. Different executors in different countries need to know about each other and work together.
Domicile, tax and family expectations
Cross-border Wills raise further questions. Where you are domiciled affects which country’s succession rules apply to movable assets such as shares and bank accounts. Some countries have forced-heirship rules or inheritance taxes. Australia has no inheritance tax, but capital gains tax can apply when inherited assets are later sold, and the way capital gains are taxed is changing significantly from 1 July 2027. That makes coordinated planning more important.
For Chinese families there is also the question of family expectations: who carries the family name, who looks after the parents, and who continues the family business. A good cross-border plan considers these as carefully as the legal formalities.
When should you review your position?
- You own property, shares or bank accounts in Australia and live overseas.
- You live in Australia but hold assets in Asia, the UK, the US or elsewhere.
- You made your Will before buying Australian property.
- Your children live in different countries.
How Chua Tan Associates can help
We regularly prepare Victorian Wills for clients whose main Will is held overseas, and we work with lawyers, accountants and private bankers in other jurisdictions so the documents fit together. We advise in English, Mandarin and Cantonese.
Related reading
Chua Tan Associates acts for families, executors, trustees and their professional advisers in 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 or tax advice. Victorian law unless stated otherwise.
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