Australian Legal Matters for Malaysian Chinese Families: Visas, Property, Estates and Document Legalisation

Chinese families in Kuala Lumpur, Penang, Johor Bahru or Kuching often have Australian matters such as children studying in Melbourne, buying property in Australia, dealing with Australian property or bank accounts after a parent dies, and extending the family business into Australia. Most of this does not require you to fly to Melbourne: we can talk by video in Mandarin, Cantonese or English, and documents can be signed in Malaysia and sent back for use in Australia.

The direct answer: a grant of probate or letters of administration issued by the High Court in Malaysia comes from a jurisdiction whose grants the Supreme Court of Victoria can reseal, so you generally do not need to start a fresh application in Victoria. However, Malaysia is currently not a party to the Hague Apostille Convention. Documents signed in Malaysia for use in Australia usually need to be notarised; whether they also need authentication and consular legalisation, or should instead be signed at the Australian High Commission in Malaysia, depends on what the receiving institution requires.

Your first consultation is a paid 30-minute video consultation. Clients in Malaysia can pay by card or bank transfer, including Wise.

Key points

• A Malaysian court grant can generally be resealed in Victoria, but small-estate documents from a Land Office or Amanah Raya Berhad are not necessarily court grants and need case-by-case checking.
• Malaysia is not a party to the Apostille Convention. Documents signed in Malaysia for use in Australia usually need to be notarised; whether they also need authentication by the Ministry of Foreign Affairs (Wisma Putra) and legalisation by the Australian High Commission depends on the receiving institution.
• Succession rules differ for non-Muslims and Muslims, and a will made in Malaysia is not necessarily suited to dealing with Australian assets.
• Malaysian citizens buying residential property in Australia are generally 'foreign persons', which brings in foreign investment approval, Victoria's foreign purchaser additional duty and the absentee owner land tax surcharge.
• Malaysia does not generally recognise dual citizenship, so understand the effect on your Malaysian citizenship before applying for Australian citizenship.

Immigration: common pathways for Malaysian citizens

Malaysian passport holders visiting Australia for tourism or family can generally apply for an Electronic Travel Authority (ETA, subclass 601). Young people aged 18 to 30 can consider the Work and Holiday visa (subclass 462), subject to the places and conditions Home Affairs publishes each year. For many families, the first step is a child coming to study on a Student visa (subclass 500), with a parent accompanying on a Student Guardian visa (subclass 590) where needed.

For a long-term move, people with professional backgrounds can use skilled migration (subclasses 189, 190 and 491), or the employer-sponsored Skills in Demand visa (subclass 482) and the Employer Nomination Scheme permanent visa (subclass 186). The former Business Innovation and Investment visa (subclass 188) closed to new applications in July 2024; people with outstanding achievements can now look at the National Innovation visa (subclass 858). Malaysia generally does not allow adults to hold dual citizenship. Australian permanent residence usually does not affect Malaysian citizenship, but becoming an Australian citizen may mean losing Malaysian citizenship, which can in turn affect holding certain land in Malaysia and other citizen entitlements.

Buying and holding property in Australia

Malaysian citizens without Australian permanent residence are generally 'foreign persons' when buying residential property and usually need approval from the Foreign Investment Review Board (FIRB) first. From 1 April 2025 the federal government paused foreign purchases of established dwellings (now extended to 30 June 2029); new dwellings and vacant land can generally still be applied for. In Victoria a foreign buyer also pays foreign purchaser additional duty, and while held by a foreign owner the property may attract the absentee owner surcharge on land tax each year.

A common arrangement is for parents to fund a purchase in the name of a child who is studying in Australia or already has permanent residence. In that case you need to deal properly with evidence of the source of funds, whether the money is a gift or a loan, and who the real beneficial owner is. Otherwise the revenue office may treat the property as foreign-owned, and it can become contested if the child's relationship breaks down.

Wills and estates: resealing, succession rules and the EPF

Under Part III of the Administration and Probate Act 1958 (Vic), the Supreme Court of Victoria can reseal grants from specified jurisdictions, and Malaysia is on the list the Court publishes. A reseal requires the original Malaysian grant, a court-sealed certified copy or an exemplification, and notice of intended application published on the Supreme Court of Victoria website. If the Malaysian estate was handled through the Land Office small-estates distribution process or by a declaration from Amanah Raya Berhad, those documents may not be court grants, and a fresh original grant may be needed in Victoria.

Succession in Malaysia depends on religion. Non-Muslims can make wills under the Wills Act 1959 and, without a will, the Distribution Act 1958 generally applies in Peninsular Malaysia; Muslim estates are distributed under Islamic inheritance law (faraid), and dispositions by will are generally restricted. Australian land is in principle dealt with under the law of where it is located (Victorian law), while movable assets may involve the law of the deceased's domicile, so cross-border families do well to make separate, non-conflicting wills for their Australian and Malaysian assets, taking care that a new will does not unintentionally revoke the other.

Also, like Australian superannuation, Malaysia's Employees Provident Fund (EPF/KWSP) does not necessarily pass under the will; it depends on the nomination and the fund's rules. Both sides' nominations should be reviewed as part of estate planning.

Married in Malaysia, separating in Australia

A marriage lawfully registered in Malaysia, whether under the Law Reform (Marriage and Divorce) Act 1976 or contracted by Muslims under Islamic law, is generally recognised in Australia. If one party is an Australian citizen, is domiciled in Australia, or has ordinarily resided in Australia for 12 months before filing, a divorce can be sought in the Federal Circuit and Family Court of Australia. In a property settlement the Court looks at both parties' worldwide assets, including Malaysian property and company shares. If proceedings are on foot in both countries, assess early which forum is more appropriate.

Setting up a company or extending the family business

A Malaysian family business expanding into Australia can set up an Australian subsidiary or register the Malaysian company as a foreign company carrying on business in Australia. An Australian proprietary company must have at least one director who ordinarily resides in Australia, and every director needs a Director ID. Bringing staff over from Malaysia usually involves employer sponsorship under the subclass 482 visa. Where a family business spans two generations and two countries, shareholdings, trusts and succession are best planned together.

Signing documents: Malaysia is outside the Apostille system

Because Malaysia is not a party to the Apostille Convention, documents signed in Malaysia for an Australian court, land registry or bank are usually handled in one of two ways: sign before a practising notary public in Malaysia, have the document authenticated by Malaysia's Ministry of Foreign Affairs and then legalised by the Australian High Commission in Malaysia; or book an appointment to sign before an Australian consular officer at the High Commission (for example, an affidavit or statutory declaration). Which route applies depends on what the receiving body requires, so confirm before signing. Documents in Malay generally also need an English translation certified by a NAATI-certified translator.

Conversely, Australian documents for use in Malaysia can be notarised in Melbourne by our notary public and then authenticated by the Department of Foreign Affairs and Trade and legalised by the Malaysian High Commission or consulate in Australia, as the receiving party in Malaysia requires.

Practical matters: time zones and getting started

Malaysian time is 2 hours behind Melbourne (3 hours during Melbourne daylight saving), so morning meetings usually suit both sides. Justin Chua has studied and worked in Malaysia, Singapore and elsewhere in the region and understands how Chinese families in both countries tend to operate. Before the first consultation, prepare:

• Copies of your passport and MyKad, and any Australian visa or permanent residence evidence.
• A list of Australian assets: property addresses, bank accounts, shares, superannuation and company shares.
• Any existing wills, Malaysian grant or Land Office documents (if applicable).
• Marriage certificate, separation date and an outline of both parties' assets (for family law matters).
• Your goals and timing, such as selling a property, transferring it to a child or a child starting school.

Related reading

• Cross-border wills
• Cross-border estates and Victorian probate
• Inheriting Australian property from overseas
• Parents funding a child's home
• Student 500 and guardian 590 visas
• Skilled migration 189/190/491
• 482/186 visas and opening an Australian branch

Frequently asked questions

Can a Malaysian grant be used directly in Victoria?

Not directly, but you can generally apply to the Supreme Court of Victoria to reseal it. Once resealed, the executor or administrator can deal with Victorian property and accounts.

Can Malaysian documents be apostilled?

At the time of writing, Malaysia is not a party to the Apostille Convention, so an apostille is not available. Documents signed in Malaysia for use in Australia usually need to be notarised; whether they also need authentication by the Ministry of Foreign Affairs and legalisation by the Australian High Commission, or should instead be signed at the High Commission, depends on what the receiving institution requires.

I already have a Malaysian will. Do I need an Australian one?

Not necessarily, but if you own Australian property a separate will dealing only with Australian assets is usually recommended, to make the grant easier and ensure the two wills do not revoke each other.

Will I lose Malaysian citizenship if I get Australian permanent residence?

Generally not; permanent residence is not citizenship. Becoming an Australian citizen may affect Malaysian citizenship, so confirm with the Malaysian authorities before applying.

Can we handle everything by video?

Most matters, yes. Documents that need formal signing can be witnessed in Malaysia as required and posted back, or witnessed by an Australian consular officer.

Your lawyers

Justin Chua (蔡智勋) leads much of our Malaysia–Australia work. His extended family is in Malaysia, where he has also worked, and he has studied and worked across Malaysia, Singapore and the region. He is a nationally accredited mediator, family dispute resolution practitioner and family law arbitrator, and advises in English and Mandarin.

He works alongside Kin Wee Chua (蔡庆伟), founder, Notary Public and Accredited Specialist in Immigration Law; Chit Thian Chua (蔡易佃), Accredited Specialist in Immigration Law; Tan Chua, senior lawyer in property, construction and commercial law; and Harry Ling (林豪礼), immigration lawyer.

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This page is general information only and is not legal advice.