With global mobility at an all-time high, more Australians than ever are buying overseas property, investing internationally, or starting families abroad. But what happens to those cross-border assets when you pass away?
According to ABS, over 27% of Australians aged 30–55 own, inherit, or expect to control international assets. Yet, few realise that one Australian will may not be enough to protect everything they've built across borders.
In this article, Legal Finda explains what you need to know about cross-border wills Australia, including how they work, when you need one, and how to ensure your global estate is secure and legally valid—both here and abroad.
What Are Cross-Border Wills?
A cross-border will is a legal document that considers assets, property, or beneficiaries located in more than one country. It can be:
- A single international will covering multiple jurisdictions, or
- A coordinated set of wills—one per relevant country
The purpose of cross-border wills Australia is to help Australians avoid complications such as:
- Legal disputes between jurisdictions
- Delays in accessing overseas property
- Conflicts between local and foreign inheritance laws
- Double probate processes or inheritance tax burdens
If you have a holiday home in Italy, an investment account in the U.S., or children living in Singapore—this applies to you.
Why Cross-Border Estate Planning Is Essential
Here’s why cross-border estate planning isn’t optional if you have assets in more than one country:
- Foreign property is governed by local law. Your Australian will might not be recognised overseas.
- Some countries apply forced heirship rules. Your freedom to distribute assets could be limited in places like France or Japan.
- Each country may have different probate and tax procedures. Your family could face months—or years—of delays.
That’s why it’s critical to engage in international estate planning Australia before it’s too late.
How to Make a Will for Assets in Different Countries
If you're wondering how to make a will for assets in different countries, here’s a step-by-step guide:
1. List All Assets and Their Locations
Include real estate, bank accounts, shares, retirement funds, collectibles, and more.
2. Understand Jurisdictional Laws
Some countries won’t honour foreign wills. Others may require a translated and notarised version. Check:
- Inheritance laws
- Taxation on estate transfer
- Recognition of powers of attorney or executors
3. Decide on One Will or Multiple Wills
If assets are complex or jurisdictions vary significantly, separate wills may be better. If most assets are Australian and minimal foreign exposure exists, a single cross-border will might suffice.
4. Use a Lawyer Familiar With Cross-Border Wills Australia
This ensures coordination across documents and prevents one will from unintentionally revoking another.
5. Register and Store All Wills Properly
Provide executors with access and make sure family members understand your intentions.
Multiple Wills for Different Countries: Pros and Cons
Pros
- Tailored to the legal requirements of each country
- Quicker probate processing in foreign jurisdictions
- Reduces risk of will rejection or challenges
Cons
- Higher legal costs (you may need lawyers in each country)
- Risk of inconsistency if not properly coordinated
- Time-consuming to manage and update
If you choose multiple wills for different countries, make sure they include a clause that prevents revocation of other wills—this is vital to maintain legal validity in all jurisdictions.
Validity of International Wills in Australia
So, what about the validity of international wills in Australia?
Australia recognises international wills under the UNIDROIT Convention (since 2015), but certain conditions must be met:
- The will must be signed in front of a qualified legal professional
- Two witnesses are required
- It must comply with formal procedures outlined in the Convention
Even then, some issues may arise, including:
- Language barriers
- Execution issues
- Conflict with local laws regarding beneficiaries or property types
To be safe, it’s often better to create an Australian-compliant will that specifically deals with local assets—and coordinate that with international documents where needed.
Case Study: One Will, Three Countries
John, a dual citizen living in Melbourne, owned:
- An apartment in Thailand
- A share portfolio in Canada
- Superannuation and a family trust in Australia
Initially, John had one Australian will. After consulting with estate planning lawyers, he updated his plan to include:
- A Thai will for real estate (written in Thai, notarised locally)
- A Canadian will for investment accounts
- An updated Australian will that excluded foreign assets
This minimised legal conflict, simplified probate in each region, and ensured his heirs received their shares without delay.
How Legal Finda Helps With Cross-Border Wills in Australia
Legal Finda connects Australians with experienced estate planning lawyers who specialise in:
- Drafting cross-border wills Australia
- Coordinating with foreign legal teams
- Managing probate across jurisdictions
- Avoiding tax complications and legal disputes
Whether you need to draft a global will or coordinate multiple national documents, we ensure your legacy is protected internationally.
Top Tips for Australians Creating Cross-Border Wills
- Don’t assume your Australian will applies globally
- Be cautious of automatic revocation clauses
- Review foreign tax laws and treaties
- Appoint separate executors if necessary
- Keep all documents updated and consistent
International estate planning Australia isn’t just about ticking legal boxes—it’s about peace of mind for your loved ones.
Conclusion
To recap:
- If you hold property or assets in more than one country, a cross-border will is essential
- You may need multiple wills for different countries to meet legal requirements
- Understanding the validity of international wills in Australia prevents disputes and probate delays
- Knowing how to make a will for assets in different countries saves your family time, stress, and money
The good news? You don’t have to figure it out alone.
At Legal Finda, we simplify the complex. Whether you're drafting your first will or updating an international estate plan, we connect you with the right lawyers to protect your future—at home and abroad.
Start your cross-border estate planning journey today with Legal Finda.
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