Is an Australian Will Valid Globally?

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mudcrab

Member
29 May 2018
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I am a foreigner in Australia and have substantial assets in 2 other countries as well as Australia. Can an Australian will cover all countries? Or is it wise to have a will in each country?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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If you have "substantial assets" then for clarity and avoidance of doubt,
it can be a good choice to have a will (and therefore an executor) in each country.
It is not always and automatically necessary to make them joint executors of both wills.

It will involve some sophisticated drafting of both documents*
and a fair bit of collaboration between the lawyers in each country.**
But it's very do-able.

You may find it convenient to use your lawyers in each country as your executors.
While there may be varying local technicalities in each country, both sets of lawyers
will be working within their scope.

For practical purposes, your may find it convenient to include in your Instructions to each lawyer
an express authority for each to deal with*** the other.

This may all sound complex and scary, but it's not, really.
It's all about capturing and accurately expressing your testamentary intentions ("your wishes", so to speak).
This kind of thing is not uncommon, and is really just a bit more grunt work for the lawyers in the setting-up.


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* For example, all references in each to the other document,
and to any particular assets, will need to be both express and precise.

** Yes, she will indeed need one lawyer in each country

*** That is, to talk to, write to, and share information with, each other, etc.
Basically, you would be giving them express permission to talk to each other about things that would,
in the normal course of events, be strictly confidential.