Many Singapore families want to pass wealth down, and many own something in Australia: an apartment bought while a child studied in Melbourne, an investment house in the suburbs, shares on the ASX. In the context of a family’s overall wealth, the Australian piece is often small. In the administration of an estate, it can hold everything up.
What happens when the owner dies
- The Singapore grant is not enough on its own. Australian land registries and banks need an Australian grant. Singapore is a Commonwealth country, so its grant of probate can usually be resealed by the Supreme Court of Victoria rather than applied for from scratch. Resealing still needs an Australian lawyer, certified documents and advertising.
- The will may not fit. A Singapore will drafted with Singapore assets in mind may name an executor who cannot easily act in Australia, or may miss Australian issues entirely.
- The property keeps costing money. Rates, owners corporation fees, insurance and Victorian land tax continue while the estate is administered. For foreign owners, land tax surcharges and vacancy rules can make delay expensive.
- The family is far away. Keys, tenants, repairs and a sale all have to be managed from overseas.
Planning the Australian piece
- A separate Australian will for Australian assets, drafted so it does not revoke the Singapore will, and the Singapore will drafted so it does not revoke the Australian one. Two grants can then proceed in parallel.
- An Australian executor or co-executor who can deal with registries, agents and tax in person.
- The right ownership structure for the next generation. If children will inherit while living in Singapore, consider the tax and practical consequences before death, not after.
- A register of the Australian assets, the agent, the strata manager, the accountant and the bank, kept with the will.
Where we fit
We are often the Australian part of a Singapore family’s plan. We work with the family’s Singapore lawyers, trust company or private bank on the Australian will, the Australian grant and the sale or transfer of the property.
Frequently asked questions
Is a Singapore grant of probate enough to deal with Australian property?
Not on its own. Australian land registries and banks need an Australian grant. Because Singapore is a Commonwealth country, its grant of probate can usually be resealed by the Supreme Court of Victoria rather than applied for from scratch. Resealing still requires an Australian lawyer, certified documents and advertising.
Should a Singapore family have a separate Australian will?
Often, yes. A separate Australian will dealing only with Australian assets, drafted so that it does not revoke the Singapore will, and a Singapore will drafted so that it does not revoke the Australian one, allow the two grants to proceed in parallel. The Australian will can also name an executor who can act in Australia.
What costs continue on Australian property after the owner dies?
Council rates, owners corporation fees, insurance and Victorian land tax continue while the estate is administered. For foreign owners, land tax surcharges and vacancy rules can make delay especially expensive, so it helps to have someone in Australia who can deal with the property promptly.
Who should be the executor for the Australian assets of a family living in Singapore?
Ideally, an Australian executor or co-executor who can deal in person with registries, agents and tax. Family members in Singapore can still be involved, but managing keys, tenants, repairs and a sale from overseas often causes delay and added cost.
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 advice. Victorian law unless stated otherwise.
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