More Australians than ever are building international lives. Whether through investment, dual citizenship, family ties, or work relocation, many now own assets abroad. However, most people fail to realise that holding property in different countries complicates what happens after death—especially if estate planning hasn’t kept up.
A 2023 CoreData survey found over 1 in 5 Australians between 35 and 55 either own or expect to inherit property, funds, or business interests outside of Australia. Yet only a small percentage have sought professional guidance to ensure their wills are legally valid across borders.
If that sounds like you, this guide is for you. In this blog, Legal Finda explores what every Australian needs to know about wills for overseas assets: how they work, why they matter, and how to make sure your legacy is protected—no matter where it is.
Why Wills for Overseas Assets Are Essential
Owning real estate in Bali, shares in New York, or a family home in Italy sounds exciting—but what happens to those assets when you’re no longer around?
Without a comprehensive estate plan, your loved ones may face:
- Probate delays in multiple countries
- Costly legal disputes between jurisdictions
- Unexpected inheritance taxes
- Assets being frozen or contested
That’s why wills for overseas assets aren’t just smart—they’re crucial. These types of wills make sure:
- Your wishes are enforceable across borders
- Your family avoids court complications
- You stay compliant with foreign inheritance laws
Understanding Foreign Assets in Australian Wills
Can you simply add your foreign property to your Australian will?
Technically, yes—but with big caveats.
The effectiveness of including foreign assets in Australian wills depends on:
- Whether the country where the asset sits recognises foreign wills
- The type of asset (e.g. land vs. stocks)
- Whether local laws conflict with your will (e.g. forced heirship in Europe)
- How well the will is drafted and legally validated
For example, some countries like New Zealand may accept an Australian will at face value. Others, like France or Indonesia, may disregard parts of it altogether.
This is why a standard will may not be enough—specialised wills for overseas assets are often required to avoid gaps or invalidations.
How to Make a Will for International Assets
The good news? You don’t need to be a legal expert to take control—you just need the right process and guidance.
Here’s how to make a will for international assets the right way:
1. List All Overseas Assets
Include everything, such as:
- Properties or real estate
- Offshore bank accounts
- Shares or pensions
- Business interests
- Valuable personal items (art, vehicles, digital wallets)
This ensures your lawyer can account for every item in your estate plan.
2. Consult a Cross-Border Estate Planning Lawyer
Engage a professional experienced in cross-border estate planning Australia. They can:
- Identify legal risks in each country
- Work with international partners if needed
- Help you decide whether to use a single or multiple wills
3. Consider Multiple Wills
For high-risk or complex estates, a country-specific will may be the safest option—provided it’s carefully coordinated so one doesn’t override the other.
4. Use an International Will (If Valid)
Australia is a signatory to the UNIDROIT Convention on International Wills. These can be useful where accepted, but not all countries recognise them, so always confirm before relying on one document.
What to Know About Inheritance Laws for Assets Abroad
Inheritance law isn’t the same everywhere. In fact, some systems differ wildly from Australia’s.
Let’s look at some real-world differences:
- France, Italy, and Spain enforce forced heirship, meaning a portion of your estate must go to children or a spouse—regardless of what your will says.
- United States laws vary by state. Some accept foreign wills, while others demand local probate.
- Vietnam, Thailand, Indonesia may require a will to be written in the local language and notarised in that country.
These differences highlight why inheritance laws for assets abroad must be part of your overall planning process.
Tax Considerations for Overseas Property
Having overseas property can expose your estate to:
- Double taxation (in both Australia and the foreign country)
- Capital gains tax on sale or transfer
- Inheritance or estate tax, especially in Europe or the U.S.
To reduce exposure:
- Work with both Australian and foreign tax advisers
- Explore tax treaties or exemptions
- Consider using trusts to manage high-value international assets
This is where strategic wills for overseas assets become not just a legal tool, but a financial safeguard.
Blended Families and Cross-Border Conflicts
Blended families add another layer of complexity—especially when international assets are involved.
You may want to:
- Leave a home overseas to your child from a previous marriage
- Support your current spouse with income from a foreign investment
- Protect the interests of stepchildren in multiple jurisdictions
Cross-border estate planning in Australia ensures you can do this legally and fairly—without triggering disputes.
Common Mistakes to Avoid
Here are some of the biggest pitfalls to avoid when managing overseas assets in your estate plan:
- Using one will to cover everything without checking jurisdictional rules
- Failing to consult lawyers in each relevant country
- Not updating documents after buying or selling property abroad
- DIY wills without legal backing—especially for international cases
- Overlooking tax risks, which can significantly reduce the value of your estate
Checklist for Australians Creating Wills for Overseas Assets
To help you take action, here’s a simple checklist:
- List all overseas assets with location and ownership status
- Consult a cross-border estate planning lawyer in Australia
- Consider whether one will or multiple wills are needed
- Ensure foreign wills do not revoke your Australian will
- Confirm if the country recognises international wills
- Update superannuation and insurance beneficiaries
- Clarify executor authority across jurisdictions
- Plan for taxes in all countries involved
- Communicate your intentions with family
- Review your plan every 2–3 years or after major changes
This practical process reduces confusion and increases confidence—for you and your heirs.
Real-Life Example: The Cost of Not Planning Ahead
Angela, a 52-year-old Australian investor, owned a villa in Bali and stocks in the U.S. She had a basic will written in Australia but never consulted a lawyer about her international holdings.
When she passed away unexpectedly:
- Her family faced probate delays in Indonesia
- U.S. authorities imposed estate taxes
- Conflicting laws resulted in a 14-month delay in asset access
Had Angela consulted a professional for wills for overseas assets, her family would’ve avoided stress, legal costs, and significant financial loss.
How Legal Finda Can Help?
At Legal Finda, we simplify the complex. We connect Australians with expert estate planning lawyers who:
- Specialise in wills for overseas assets
- Understand both Australian and foreign legal systems
- Offer tailored, actionable advice
- Work collaboratively with international professionals when needed
Whether you’re investing overseas or inheriting from abroad, we’ll help ensure your estate plan is airtight.
Conclusion: Protect What You Own—Wherever It Is
If your estate stretches beyond Australian borders, don’t leave anything to chance.
Wills for overseas assets are the key to ensuring your wishes are respected, your loved ones are protected, and your international legacy is preserved.
To recap:
- One-size-fits-all wills rarely work across borders
- Many countries enforce their own inheritance laws
- Legal, tax, and practical planning must align
- Expert support from Legal Finda ensures everything works together
Ready to protect your global estate? Connect with Legal Finda today and start building a smarter international will.
