Myanmar Estates with Melbourne Property: Probate in Victoria

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When a parent or relative dies in Myanmar leaving a house, an apartment or a bank account in Melbourne, the family usually cannot deal with those assets using Myanmar documents alone. Banks, the Victorian titles office and a buyer’s lawyers will generally want to see a grant from the Supreme Court of Victoria before anything can be transferred or sold.

This guide explains how that works for Myanmar families, what the court usually needs, and where these estates tend to get stuck.

Why a Myanmar will or court order is often not enough

A grant of probate or administration made outside Victoria does not, on its own, give anyone authority over assets in Victoria. Victoria allows some foreign grants to be “resealed” by the Supreme Court of Victoria. Whether a Myanmar grant can be resealed, or whether a fresh Victorian grant is needed, depends on the case: the court that made the grant, the type of grant, the documents available and the assets involved. Where a fresh grant is needed, the executor applies for probate if there is a valid will, or a family member applies for letters of administration if there is not. We check which route applies before anything is filed.

Australian law generally applies Victorian succession law to land in Victoria, even if the person who died lived in Myanmar. Money and shares can be treated differently. Working out which law applies to which asset is one of the first things we check.

What the court will usually need

• A death certificate, with a certified English translation
• The original will, or evidence explaining why it cannot be produced
• Evidence of who the executor or applicant is and their right to apply
• A list and valuation of the assets in Victoria
• Myanmar documents translated by an accredited translator and properly authenticated
• A published notice of the intended application

Where Myanmar estates tend to get stuck

Documents

Myanmar is not a party to the Apostille Convention, so documents generally go through a chain of certification and consular legalisation rather than a single apostille. Translations, name spellings and dates that differ between documents are a common cause of requisitions from the Probate Office and months of delay.

Family spread across several countries

Beneficiaries are often in Myanmar, Thailand, Singapore and Australia. Everyone needs to agree who applies, whether the property is kept or sold, and how the proceeds are paid. Disagreements are far easier to settle early, and mediation online can help.

Selling the property

If the estate sells a Victorian property, foreign resident capital gains withholding may apply unless the right clearance is obtained, and the sale contract, settlement and transfer all need the Victorian grant in place first.

Frequently asked questions

Does anyone need to travel to Australia?

Usually not. Executors and beneficiaries overseas can sign documents with the correct witnessing, and we deal with the court and the other parties in Melbourne.

Can the executor live in Myanmar?

Yes. An executor overseas can apply, or can appoint someone in Australia to act under a power of attorney. We advise on which works better in each case.

What if there is no will?

A close family member applies for letters of administration, and the estate passes under the Victorian intestacy rules, which may not match what the family expects. Advice before applying avoids surprises.

This page is general information about Australian law, not legal advice. Chua Tan Associates is a Melbourne law firm and does not advise on Myanmar law.