Clients in Taiwan: Wills, estates, document legalisation, visas and property in Australia

Families and business owners in Taiwan often have ties to Australia: children studying in Melbourne, property here, a parent who has died leaving assets in Australia, or a company planning to set up here. Most of this can be handled remotely. Chua Tan Associates can meet with you by video in Mandarin or English, and you can sign documents in Taiwan, have them notarised and authenticated, then send them back for use in Australia. We regularly act in Australian matters with a Taiwan connection. Our firm has a notary public, and our team includes two Accredited Specialists in Immigration Law.

One thing to note: Taiwan isn't a party to the Hague Apostille Convention, so the document process is different from Hong Kong or Singapore.

Key points

Taiwanese documents can't be apostilled. They usually need to be notarised by a court notary office or a private notary, then authenticated by the Bureau of Consular Affairs of the Ministry of Foreign Affairs, before they can be used in Australia.
Australian documents for use in Taiwan usually need to be authenticated by the Department of Foreign Affairs and Trade (DFAT), then by the Taipei Economic and Cultural Office in Australia.
Taiwan's Civil Code has forced heirship. Victoria generally allows freedom of testamentary disposition but has a family provision regime, so Wills covering assets in both places need to be planned together.
A Taiwanese citizen buying a home in Australia is usually a foreign person who needs FIRB approval and must pay Victoria's foreign purchaser additional duty and absentee owner land tax surcharge.
The Business Innovation and Investment visa (188) is closed to new applications. Business owners now usually look at the National Innovation visa (858), or sponsorship by an Australian company under a 482 or 186 visa.

Notarising and authenticating documents: no apostille for Taiwan

To use Taiwanese documents in Australia, such as a household registration transcript, marriage certificate, power of attorney or succession chart, the usual approach is to have them notarised at a district court notary office or by a private notary, authenticated by the Bureau of Consular Affairs, and translated into English by a NAATI-certified translator. The Australian Office in Taipei offers only limited notarial services, such as witnessing signatures, statutory declarations and affidavits, and doesn't authenticate documents. Check before signing whether the Australian body receiving the document (for example Home Affairs, the Supreme Court of Victoria or Land Use Victoria) has any extra requirements.

Going the other way, Australian company documents, grants of probate or powers of attorney for use in Taiwan usually need to be authenticated by DFAT, then by the Taipei Economic and Cultural Office in Australia or one of its branch offices. The whole process usually takes several weeks, so allow time if there's a settlement date or court deadline. Read more: Notarising and legalising documents between Taiwan and Australia.

Wills and estates: forced heirship and Australian Wills

Taiwan's Civil Code sets out reserved shares (forced heirship). Children and other lineal descendants, parents and a spouse are entitled to half of their intestate share. Siblings and grandparents are entitled to one third. If a Will cuts into a reserved share, the heir can claim it back. Under Taiwan's choice-of-law rules for foreign civil matters, succession is generally governed by the law of the deceased's nationality at death, so forced heirship usually comes into play when a Taiwanese national's estate is dealt with in Taiwan.

Australian real estate, however, is generally governed by the law of the place where it is located. Victoria has no forced heirship and a will-maker is generally free to leave their property as they wish, but eligible people such as a spouse or children can apply to the court for family provision. If an Australian Will leaves a Melbourne house entirely to one child, the other children might claim their reserved share of the Taiwanese assets in Taiwan and also bring a family provision claim in Victoria, and the two outcomes may not line up. A common approach is to make separate Taiwanese and Australian Wills, each dealing with local assets, and to review the overall plan for fairness and the risk of a dispute. Taiwanese estate tax returns may also cover overseas assets, so it helps to involve your accountant or land administration agent in Taiwan at the same time. Read more: Forced heirship and Australian Wills.

A Taiwanese grant can't be resealed in Victoria. If a family member has died leaving property or bank accounts in Victoria, the executor or administrator usually has to apply directly to the Supreme Court of Victoria for probate or letters of administration, filing authenticated and translated Taiwanese documents. Read more: Inheriting from an Australian estate: a guide for families in Taiwan.

Taiwanese businesses in Australia and visas

A Taiwanese business usually sets up in Australia by incorporating an Australian subsidiary (Pty Ltd) or registering as a foreign company carrying on business here. A proprietary company needs at least one director who ordinarily resides in Australia, every director needs a Director ID, and the company needs an ABN and tax registrations. To send managers or staff over, the Australian company can sponsor them on a 482 visa and later nominate them for permanent residence under the 186 Employer Nomination Scheme. Entrepreneurs and professionals with an outstanding record may want to look at the National Innovation visa (858). On the Taiwan side, outbound investment above certain amounts may need prior approval or a report after the event, so plan for this too.

If your child is studying or on a working holiday in Australia and runs into trouble, such as a student visa refusal or cancellation, a breach of attendance or course progress conditions, or a refused second or third-year Working Holiday visa, the deadlines are usually short. Get a lawyer's advice as early as possible.

Buying property in Australia as a foreign person

A Taiwanese citizen who isn't an Australian citizen or permanent resident is generally a foreign person when buying a home in Australia. They usually need FIRB approval, and must pay the application fee, before signing the contract or as a condition of it. From 1 April 2025 to 30 June 2029, the Federal Government has banned foreign persons from buying established homes, with only limited exceptions. Applications for new homes and vacant land can generally still be made. In Victoria, foreign purchasers pay an extra 8% foreign purchaser additional duty and a 4% absentee owner land tax surcharge every year they own the property, and a vacant home may also attract vacant residential land tax. If you buy in the name of a child studying in Australia with money from the parents, first work out whether the money is a gift or a loan, and whether the child's visa status still makes them a foreign person. Read more: Melbourne property lawyer: what Taiwanese buyers and owners need to know.

Taiwanese marriages and Australian family law

A marriage registered at a household registration office in Taiwan is generally recognised in Australia. You can apply to the Federal Circuit and Family Court of Australia for a divorce if either of you is an Australian citizen, lives in Australia and regards it as home, or has ordinarily lived here for 12 months, and you have been separated for at least 12 months. An uncontested divorce in Taiwan takes effect on registration. If you're already validly divorced in Taiwan, you generally don't need to divorce again in Australia, but you should confirm it's recognised here. On property, an Australian court will consider all of both parties' assets, including those in Taiwan. Taiwan's Civil Code claim to equalise remaining marital property works differently from an Australian property settlement, so which law applies and where you start proceedings can make a big difference. Get advice early. Read more: After a divorce in Taiwan, how is Australian property divided?

Practical matters: time difference and getting started

Taiwan is two to three hours behind Melbourne, depending on daylight saving in Australia. Taiwan's mornings or lunchtime usually work best for video meetings. Before we start, please have ready:

Your passport, ID card and Australian visa details.
A list of your assets in Australia and Taiwan, including real estate, bank accounts and company shares.
Your household registration transcript, Will, death certificate, marriage certificate or company registration documents.
Allow time for notarising, authenticating and translating documents.
Book a video consultation and let us know whether you'd like to speak in Mandarin or English.

FAQs

Can I get an apostille for a Taiwanese document?

No. Taiwan isn't a party to the Apostille Convention. Documents usually need to be notarised in Taiwan first, then authenticated by the Bureau of Consular Affairs of the Ministry of Foreign Affairs, with a NAATI translation. The Australian Office in Taipei doesn't authenticate documents.

I'm in Taiwan. Can I sign an Australian statutory declaration at the Australian Office?

The Australian Office offers limited notarial services, including witnessing signatures, statutory declarations and affidavits. But witnessing requirements vary from document to document, for example property transfers and court documents, so check the format before you sign.

Will Taiwan's forced heirship rules affect my house in Australia?

Australian real estate is generally governed by Victorian law. Victoria has no forced heirship, but eligible family members can make a family provision claim. Heirs in Taiwan may still claim their reserved share of the Taiwanese assets. Planning your Wills in both places together reduces the risk of a dispute.

We had an uncontested divorce in Taiwan. Do we need to divorce again in Australia?

Usually not. A divorce validly completed in Taiwan is generally recognised in Australia. But if there are still property or children's issues in Australia, watch the time limit for applying for property orders here, and get advice early.

Our Taiwanese company wants to open a branch in Melbourne and send staff over. Where do we start?

First decide whether to set up a subsidiary or register as a foreign company branch. Appoint a director who ordinarily resides in Australia (if required), assess eligibility to sponsor 482 visas, and check Taiwan's approval requirements for outbound investment.

Contact us

Our legal services are paid. An initial 30-minute video consultation with a lawyer costs A$330, and if you go on to engage us, the fee is credited against your first invoice. You can book a paid video consultation online, or call +61 3 9602 3988 or WhatsApp +61 490 369 102. Tell us which city you're in and what you need help with, and we'll arrange a video call in Mandarin or Cantonese at a time that suits you in Taiwan.

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This page is general information only and isn't legal advice.

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