Globalisation has reshaped how Australians live, invest, and structure their families. It’s increasingly common to have loved ones, property, or financial interests overseas. But when someone passes away or prepares a will, these international ties can complicate what should be a straightforward legal process.
Many Australians are now asking:
“When do foreign inheritance laws apply to Australian assets?”
It’s a fair—and essential—question.
In this blog, Legal Finda explains the circumstances in which foreign inheritance laws Australia come into play. Whether you're managing an estate, planning your own, or navigating probate, understanding cross-border inheritance law is key to avoiding conflict, delays, and stress.
Understanding Foreign Inheritance Laws Australia
At its core, foreign inheritance laws Australia refers to how inheritance rules from another country can affect the distribution of assets located in, or connected to, Australia.
This can involve:
- A deceased person living overseas with Australian assets
- An Australian resident with property abroad
- Wills drafted under foreign law
- Beneficiaries living internationally
- Probate or estate administration across multiple jurisdictions
Australia generally applies local law to local assets—but when cross-border elements are involved, foreign inheritance laws may take precedence in certain areas. The challenge lies in identifying where those laws intersect.
When Do Foreign Inheritance Laws Apply in Australia?
The application of foreign inheritance laws in Australia is typically triggered by specific circumstances. These include:
1. The Deceased Was Domiciled Overseas
If the deceased lived permanently abroad (their domicile was not Australia), then the foreign country's laws may influence how their estate is handled—even for some Australian-based assets.
2. The Estate Includes Foreign Property
Assets such as real estate are usually governed by the laws of the country where they are located. A French villa, for instance, will fall under French inheritance law—even if the owner was an Australian citizen.
3. The Will Was Created in Another Country
Wills drafted overseas may raise questions about foreign will validity in Australia. A valid will in the UK may not comply with NSW or VIC standards, especially if the execution lacked witnesses, translations, or wasn’t properly signed.
4. The Beneficiaries Are Overseas
Disputes often arise when heirs are governed by different tax or inheritance frameworks. This is a common cause of inheritance conflict between countries, especially in blended or multicultural families.
The Role of Domicile in Cross-Border Estates
One of the most important legal concepts in inheritance is domicile. It determines which country’s laws apply to an individual’s estate.
Domicile is not just where you live—it’s where you legally consider home. Someone might be a tax resident of Australia but legally domiciled in Italy if they’ve declared intentions to stay there long-term.
Why this matters:
If a person is domiciled outside of Australia at the time of death, their home country’s laws may affect how Australian assets are distributed.
For example, forced heirship in countries like Spain or Saudi Arabia could override the instructions of an Australian will if the person was domiciled abroad.
Real-World Risks of Inheritance Conflict Between Countries
Scenario 1: A Dual Citizen with Property in Australia and Greece
Greece enforces forced heirship, which may override a will. A Greek-Australian father may leave everything to one child in his will, but Greek courts might still award part of his Greek estate to other children.
Scenario 2: A UK Will Covering Australian Real Estate
A British expat dies with a UK will that includes a home in Sydney. Although the will is valid under UK law, the property may still require probate in NSW. If not managed properly, this creates delays and legal complications.
Scenario 3: A Will in Spanish, Not Legalised in Australia
A will written in Spanish but without English translation or notarisation might not be recognised by Australian courts. This stalls probate and may require additional applications.
These scenarios highlight why understanding foreign inheritance laws Australia is essential to avoid expensive and emotional setbacks.
International Wills and Australian Estate Law
One key consideration is whether to have:
- One global will
- Multiple jurisdiction-specific wills
Australia and the International Wills Convention
Australia recognises wills made under the UNIDROIT Convention, which allows for international wills. However, not all countries recognise this model. The will must follow strict format rules, and it doesn’t override forced heirship laws in countries like Italy or France.
Using Multiple Wills
Many estate lawyers recommend separate wills for different jurisdictions—as long as they are coordinated and don’t revoke each other. This is especially effective for people with property or businesses overseas.
Having legally compliant wills tailored to each jurisdiction can simplify administration, reduce probate time, and limit disputes.
Foreign Will Validity in Australia
For a will created overseas to be accepted in Australia, it must generally:
- Comply with the foreign country’s legal requirements
- Be signed and witnessed properly
- Be translated and certified if not in English
- Not conflict with a valid Australian will
Even then, Australian courts may still require probate proceedings. That’s why legal coordination between countries is crucial to ensure the foreign will validity in Australia doesn’t delay your estate.
Tax and Superannuation Considerations
Many Australians overlook the tax and superannuation implications of cross-border estates.
Tax
Australia doesn’t charge inheritance tax, but other countries do. You may still face capital gains tax or double taxation depending on where assets are held. Beneficiaries living overseas may face foreign tax on their inheritance.
Superannuation
Super is usually not automatically part of the estate. Foreign inheritance rules may still impact who receives superannuation death benefits. It's important to review nominations and consult international advisors.
This is where knowledge of foreign inheritance laws Australia becomes essential to avoid unexpected costs or litigation.
How to Avoid Inheritance Conflicts Across Borders
To avoid inheritance conflict between countries, follow these steps:
1. Document All Assets and Locations
Create a clear inventory of property, accounts, and valuables in every country.
2. Get Legal Advice in Each Jurisdiction
Work with lawyers familiar with both Australian and international estate law. Legal Finda can connect you with qualified experts.
3. Use Coordinated Wills
Draft wills that address each country’s requirements without cancelling each other out.
4. Communicate With Executors and Beneficiaries
Make sure your loved ones know where your wills are stored, and who to contact for legal support.
5. Plan Ahead for Probate
Understand which countries may require local probate, and whether foreign inheritance laws Australia could cause delays or disputes.
Case Study: Protecting an International Estate
Emily, a Sydney resident with dual Italian citizenship, owned a villa in Tuscany and had superannuation in Australia. Initially, she had only one Australian will.
After speaking to a cross-border estate lawyer, she:
- Created a separate Italian will
- Registered both with relevant courts
- Ensured her super death benefit nominations were valid
- Communicated clearly with her two sons
When Emily passed away, her estate was distributed without delay or legal challenge—thanks to careful planning with foreign inheritance laws Australia in mind.
Conclusion
If you or a loved one own property overseas, hold dual citizenship, or have heirs living abroad, now is the time to get clear on how foreign inheritance laws Australia may apply.
To recap:
- Domicile, foreign property, and international wills can trigger inheritance laws from other countries
- Conflict between legal systems can delay probate, trigger double taxation, and create family disputes
- Drafting coordinated wills and seeking expert advice is the best way to protect your legacy
At Legal Finda, we connect you with top legal experts in foreign inheritance laws Australia, so your estate is protected—no matter where life takes you.
Get in touch with Legal Finda today and plan your international estate with confidence.
