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.
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:
Without proper planning, your loved ones may face complex legal hurdles, especially in countries with forced heirship or different legal procedures.
The short answer: It depends—but in many cases, yes.
Ask yourself:
If any of these apply, then the answer to should I have a separate will for each country is likely yes.
Some examples:
Creating multiple wills for overseas property may seem excessive, but it provides key advantages:
Each will is tailored to the legal system of the country in question, avoiding translation issues, legal loopholes, or invalid clauses.
Probate can happen simultaneously in different jurisdictions—no need to wait for the Australian court system to process everything first.
Separate wills can help structure your estate to reduce tax obligations in each country, especially where inheritance tax or capital gains tax may apply.
Separate documents reduce the risk of disputes or confusion among beneficiaries, especially in blended families.
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:
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.
Relying on one will for a multi-jurisdictional estate poses serious risks:
A tailored separate will for foreign assets avoids these outcomes and ensures smoother transitions for your beneficiaries.
Some countries virtually require a local will. Here's how inheritance laws differ:
If you own assets in any of these places, a separate will for foreign assets isn’t optional—it’s crucial.
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.
Ask yourself:
If you answered yes to two or more, then it’s time to consider a separate will for foreign assets.
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:
Had he used multiple wills for overseas property, much of this would have been avoided.
At Legal Finda, we connect you with estate planning professionals who specialise in:
Whether you have one property abroad or a global investment portfolio, we’re here to help simplify the process.
For most Australians with assets outside the country, the answer is a resounding yes.
A separate will for foreign assets offers:
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.