Inheritance and International Law

[Laura Palmer]

Hi, I was hoping to get some information if someone can help me:

Scenario: Person A permanently relocates to Australia from overseas. Person A is married to an Australian and they have a child in Australia. Person A had two children from a previous relationship who remain in Person A's native country.

The inheritance law of Person A's native country states that children automatically inherit 50% of the parent's estate when they die and this cannot be overridden by a will.

If Person A dies without a will, will the previous children inherit based on the laws of Person A's native country, even though the estate is in Australia? If so, would a will be able to override the law of Person A's native country?

I hope this is clear, sorry for the awkward writing, I'm just trying to keep it impersonal.

Thank you in advance.

 

[Atticus]

Just my thoughts .... In the event of person A's death, the previous children of person A would have to contest the will in the jurisdiction in which she died, ie, Australia if S/he stays here.

 

[Docupedia]

I would think it would also depend on where the assets are. Assets in the native country under that country’s laws - assets here under Australian laws.

 

[Tim W]

What is the marital status of person A's back in their home country?