Many Australians build careers in Singapore or Hong Kong and stay far longer than planned. Some are Australian-born, while others grew up in Asia, studied or worked in Australia, and went back. Either way, they often still own a Melbourne apartment, an investment property, Australian shares or superannuation.
A common question we hear is: “I made a Will in Singapore (or Hong Kong). Do I also need an Australian one?” The answer depends on where your assets are, which law governs them, and how easily your family could use the Will you already have.
Will my Singapore or Hong Kong Will work in Australia?
Australian states generally accept a Will as formally valid if it was signed in line with the law of the place where it was made, or the law of the place where the will-maker lived, was domiciled or was a national. A properly signed Singapore or Hong Kong Will is therefore not automatically invalid in Australia.
Validity is only the first step. To deal with Australian land, bank accounts or shares, your executor usually needs a grant from an Australian Supreme Court, either a fresh grant of probate or the resealing of the overseas grant. That often means waiting for the Singapore or Hong Kong grant first, then applying again here with certified copies, evidence of foreign law and sometimes witness affidavits. Meanwhile, the Australian property may sit unmanaged, with rates, strata levies and mortgage repayments still due.
Singapore and Hong Kong succession basics
This is a brief general summary only. Local advice is essential.
Singapore
- Wills of non-Muslims are governed by the Wills Act. The will-maker must generally be at least 21, and the Will is signed before two witnesses present at the same time.
- If a non-Muslim dies without a Will, the Intestate Succession Act sets fixed shares for the spouse, children and other relatives.
- Muslims in Singapore are generally subject to Islamic inheritance rules administered through the Syariah framework.
- Generally, movable assets are governed by the law of the place of domicile, while land is governed by the law of where it is located.
Hong Kong
- Wills are governed by the Wills Ordinance. They are generally signed before two witnesses, and a witness or the witness’s spouse should not be a beneficiary.
- Without a Will, the Intestates’ Estates Ordinance determines who inherits.
- Estate administration is handled through the Probate Registry of the High Court.
The Australian rules are similar: a Victorian or New South Wales court will apply Australian law to Australian land, whatever your Singapore or Hong Kong Will says about domicile.
One Will or two?
For many expats the cleanest approach is two coordinated Wills:
- an Australian Will dealing only with Australian assets, with an executor who can act here; and
- a Singapore or Hong Kong Will dealing with everything else.
The two must be drafted together. A standard opening clause that “revokes all former Wills” can accidentally cancel the other Will. Each Will should state clearly which assets it covers and expressly preserve the other.
A single Will can sometimes work if your Australian assets are small or your family structure is simple. It is worth weighing how quickly your family would need access to the Australian assets.
Powers of attorney: LPA, EPA and Australian EPOA
Wills operate after death. Powers of attorney cover loss of capacity during life, which is often the more urgent problem for families living far apart.
- Singapore Lasting Power of Attorney (LPA): made under the Mental Capacity Act, signed before a certificate issuer and registered with the Office of the Public Guardian. It can cover personal welfare and property and affairs.
- Hong Kong Enduring Power of Attorney (EPA): made under the Enduring Powers of Attorney Ordinance, signed before a registered medical practitioner and a solicitor, and registered with the High Court once the donor is becoming mentally incapable. It covers property and financial affairs.
- Australian Enduring Power of Attorney (EPOA): each state has its own form and signing rules. In Victoria, it is made under the Powers of Attorney Act 2014.
An Australian bank, land titles office or share registry will not always accept a Singapore LPA or Hong Kong EPA, or may require extra steps or court orders. If you hold Australian property, an Australian EPOA for those assets is usually much simpler for your family to use.
Tax residency changes when you move
Moving to Singapore or Hong Kong may make you a foreign resident for Australian tax purposes. This matters for estate planning:
- Becoming a foreign resident can trigger capital gains tax on some assets (not Australian real property), unless you choose to defer it.
- Foreign residents generally cannot claim the main residence exemption when selling their Australian home, unless a narrow “life events” test is met. This rule also affects executors and beneficiaries when the deceased was a foreign resident at death.
- Assets that pass to a foreign resident beneficiary can trigger capital gains tax in the deceased’s final return.
- The CGT changes legislated in 2026 apply to gains accruing after 1 July 2027.
Choose beneficiaries and executors with this in mind, and coordinate your Will with an accountant who understands both systems.
Checklist for Australians in Singapore or Hong Kong
- List assets by country: property, bank accounts, shares, super, insurance, business interests.
- Check how each asset is held: sole name, joint tenancy or through a company or trust.
- Review your existing Will for revocation clauses and which assets it covers.
- Consider a separate Australian Will for Australian assets, coordinated with your local Will.
- Make an Australian EPOA if you hold Australian property, alongside your LPA or EPA.
- Update superannuation death benefit nominations, which do not follow your Will.
- Get tax advice on your residency status and how it affects your beneficiaries.
- Store originals where your executors can find them, and tell them where.
Frequently asked questions
Do I need an Australian Will if I live in Singapore?
Not always, but it is often sensible if you own Australian property or significant investments. A separate Australian Will can make the Australian grant quicker and simpler. It must be drafted to work alongside your Singapore Will.
Is a Hong Kong Will valid in Australia?
Generally yes, if it was properly signed under Hong Kong law. Your executor will still need an Australian grant, often by resealing the Hong Kong grant, before Australian assets can be dealt with.
Can I use my Singapore LPA for my Australian property?
It may not be accepted directly by Australian institutions, and extra steps may be needed. An Australian enduring power of attorney is usually the practical answer for Australian assets.
Does an expat Will need to be signed in Australia?
No. An Australian Will can be signed overseas before two witnesses who meet the Australian requirements. Signing instructions should be followed carefully, and the original should be stored safely.
How Chua Tan Associates can help
We prepare Australian Wills and enduring powers of attorney for Australians and Asian families living in Singapore, Hong Kong and elsewhere in Asia, drafted to sit alongside your local Will. We work by video, arrange signing overseas, and liaise with local lawyers so your documents fit together. Our notary public can also certify documents for use abroad. 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.
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