A family profile that is now typical rather than exceptional: the children study in Australia, the family trust is administered in Singapore or Hong Kong, and the operating business remains in Mainland China or Southeast Asia. Each jurisdiction has its own rules on succession, trusts, tax residency and information reporting, and they do not automatically fit together.
Where the friction arises
- Tax residency changes quietly. A child who studies and then works in Australia may become an Australian tax resident. Australian residents are generally taxed on worldwide income, and distributions from foreign trusts to Australian residents can be taxed in Australia, sometimes including accumulated income from earlier years with an interest charge.
- Information is shared between countries. Under the Common Reporting Standard, financial institutions report accounts held by foreign tax residents to their home tax authorities, and those authorities exchange the information. Arrangements that once relied on obscurity no longer do.
- Home-country tax authorities are more active. In January 2026 Chinese tax authorities publicly encouraged residents to review and report overseas income, and several regions have asked individuals to self-review overseas income for prior years. Families with Chinese tax residents need advice on how offshore structures are treated in China as well as in Australia.
- Succession rules differ. Land generally passes under the law of the place where it is located, and some countries apply forced-heirship or reserved-share rules. A will that is valid in one country may not deal effectively with assets in another, and one country’s will can accidentally revoke another’s. See wills in more than one country.
- Control of structures is often unclear. Who controls a trust or company on the founder’s death is set by the trust deed and constitution, not the will. See control of family trusts after death.
A coordinated approach
- Map the family and the assets. Where each family member lives and is tax resident, and where each asset sits and who legally owns it.
- Identify the governing laws and reporting obligations for each structure and each person.
- Align the documents. Wills by jurisdiction that do not revoke each other, trust deeds with clear succession of control, and powers of attorney that work where they will be used.
- Plan for changes in residency. A child’s move to Australia, or a parent’s retirement here, should prompt a review before it happens, not after.
- Coordinate the advisers. Lawyers and tax advisers in each country working from one plan. See coordinating a global estate.
How we assist
We advise on the Australian component of multi-jurisdiction family structures: Australian wills drafted to work alongside wills and trusts elsewhere, the Australian consequences of trusts with Australian beneficiaries, cross-border estate administration, and coordination with the family’s advisers in Asia. Tax advice in each jurisdiction should come from a qualified tax adviser, with whom we work closely. Justin Chua is a Nationally Accredited Mediator and an Affiliate member of STEP, the worldwide professional body for trust and estate practitioners.
Frequently asked questions
Can a family trust in Singapore or Hong Kong have beneficiaries who live in Australia?
Yes, but once a beneficiary becomes an Australian tax resident, distributions to them can be taxed in Australia, sometimes including accumulated income from earlier years with an interest charge. The trust deed, the trustee and the family should plan for this before a beneficiary moves.
What is the Common Reporting Standard?
It is an international framework under which financial institutions identify account holders who are tax residents of other countries and report their accounts to local tax authorities, which then exchange the information with the account holders’ home countries.
Do I need separate wills for assets in different countries?
Often it is advisable, because land generally passes under local law and local institutions prefer local documents. The wills must be drafted together so that none revokes the others and every asset is covered.
Who should coordinate a family’s advisers across countries?
Usually one adviser takes responsibility for the overall plan and timetable while advisers in each country handle local law and tax. For families with significant Australian assets or members, an Australian lawyer is often well placed to coordinate.
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 or tax advice. Victorian law unless stated otherwise.
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.
简体中文 
English (Australia) 
繁體中文