Owning foreign property, shares, or bank accounts is increasingly common for Australians. Whether you’ve purchased an apartment in Tokyo, hold investments in the US, or inherited farmland in Greece, your estate now spans borders—and so do the legal implications.
A 2024 CoreData report found that more than 1 in 5 Australians aged 30–55 either own or expect to inherit assets outside Australia. However, most have not adjusted their estate plans to reflect these cross-border holdings.
This raises a key question: Should you create a separate will for foreign assets?
In this guide, Legal Finda explores why having multiple wills may be essential to protect your assets, avoid inheritance conflicts, and honour your wishes internationally.
Why a Separate Will for Foreign Assets Matters
Estate laws vary dramatically between countries. What’s legal and binding in Australia might be invalid or even ignored abroad.
A separate will for foreign assets is a dedicated document created specifically for assets held outside your country of residence. This will:
- Ensure compliance with local inheritance laws
- Reduce probate delays and legal fees
- Prevent cross-border conflicts or invalidation of your main will
- Streamline the asset transfer process for your heirs
Without proper planning, your loved ones may face complex legal hurdles, especially in countries with forced heirship or different legal procedures.
Should I Have a Separate Will for Each Country?
The short answer: It depends—but in many cases, yes.
Ask yourself:
- Do I own real estate, businesses, or large financial holdings abroad?
- Is the foreign country’s legal system different from Australia’s?
- Would my Australian will be recognised and enforceable in that jurisdiction?
If any of these apply, then the answer to should I have a separate will for each country is likely yes.
Some examples:
- In France or Italy, forced heirship laws may override your Australian will unless you draft a local one.
- In Thailand or Indonesia, wills not written in the local language or notarised there may be rejected.
- In the US, rules vary by state and often require local probate, delaying execution of foreign wills.
Benefits of Multiple Wills for Overseas Property
Creating multiple wills for overseas property may seem excessive, but it provides key advantages:
Legal Efficiency
Each will is tailored to the legal system of the country in question, avoiding translation issues, legal loopholes, or invalid clauses.
Faster Probate
Probate can happen simultaneously in different jurisdictions—no need to wait for the Australian court system to process everything first.
Tax Optimisation
Separate wills can help structure your estate to reduce tax obligations in each country, especially where inheritance tax or capital gains tax may apply.
Family Clarity
Separate documents reduce the risk of disputes or confusion among beneficiaries, especially in blended families.
International Estate Planning for Expats and Investors
If you’ve lived or worked overseas, or you have assets across several countries, then international estate planning for expats is essential.
Here’s a sample scenario:
Emma, a dual citizen, owns a townhouse in London, superannuation in Australia, and stock investments in Canada. Without separate wills:
- Her UK property would fall under British intestacy laws
- Her heirs might face double taxation
- Delays could span over a year in multiple courts
By drafting a separate will for foreign assets in the UK and Canada (and keeping her main Australian will focused locally), Emma ensures her estate is protected in every country she’s connected to.
Risks of Having Only One Will
Relying on one will for a multi-jurisdictional estate poses serious risks:
- Delayed access to funds or property for loved ones
- Disputes among heirs if interpretations vary
- Legal rejection of your will in foreign courts
- Loss of tax benefits or exemptions
- Increased legal and administrative costs
A tailored separate will for foreign assets avoids these outcomes and ensures smoother transitions for your beneficiaries.
Legal Requirements by Country: When It’s Non-Negotiable
Some countries virtually require a local will. Here's how inheritance laws differ:
- France, Spain, Germany: Enforce forced heirship—your children or spouse may have automatic claims.
- Vietnam, Thailand: Require notarised local-language wills.
- Japan: Foreign wills often need translation and revalidation by a local court.
- United States: Recognition varies by state, with many requiring ancillary probate.
If you own assets in any of these places, a separate will for foreign assets isn’t optional—it’s crucial.
Coordinating Multiple Wills Without Conflict
Worried about one will invalidating another? Here’s how to avoid that:
Use Revocation Clauses Wisely
Each will should clearly state that it covers only assets within its jurisdiction and doesn’t revoke other valid wills.
Appoint the Right Executors
Have different executors in each country if needed, but ensure they can cooperate if your estate spans multiple areas.
Work With Lawyers in Each Country
At Legal Finda, we coordinate legal teams globally so your wills are aligned and enforceable.
Review Regularly
Update your wills after marriage, divorce, acquiring property, or relocating. Life changes—so should your documents.
Checklist: Do You Need a Separate Will for Foreign Assets?
Ask yourself:
- Do I own real estate or business abroad?
- Do I have bank accounts or shares in another country?
- Do local laws differ significantly from Australia’s?
- Am I an expat or dual citizen?
- Would I like to avoid delays or legal confusion for my heirs?
If you answered yes to two or more, then it’s time to consider a separate will for foreign assets.
Real Case: One Will, Big Problems
Mark, a Brisbane-based entrepreneur, passed away in 2022. His Australian will included a Bali villa and US investments—but no local wills.
His family faced:
- 18 months of probate delays
- Court rejections due to language and procedural issues
- $40,000+ in legal costs
- Emotional stress and strain on relationships
Had he used multiple wills for overseas property, much of this would have been avoided.
Foreign Asset Inheritance Planning in Australia: Legal Finda Can Help
At Legal Finda, we connect you with estate planning professionals who specialise in:
- Foreign asset inheritance planning in Australia
- Coordinating cross-border legal strategies
- Drafting wills that meet local and international standards
- Avoiding common traps in dual or multi-jurisdictional estates
Whether you have one property abroad or a global investment portfolio, we’re here to help simplify the process.
Conclusion: Should You Create a Separate Will for Foreign Assets?
For most Australians with assets outside the country, the answer is a resounding yes.
A separate will for foreign assets offers:
- Legal clarity
- Tax protection
- Faster execution
- Peace of mind
Don’t let your global legacy be lost in translation—literally. Secure your estate across borders by taking action today.
Let Legal Finda help you get started with your separate will for foreign assets—so your family’s future is protected, wherever your wealth may be.
