Why expats and overseas Australians need a will

Multiple countries, multiple complications

If you’re an Australian living overseas (or have assets in multiple countries), estate planning gets complicated:

• Which country’s laws apply?
• Where will probate happen?
• How do different countries treat inheritance?
• What tax implications exist?
• Who can legally act as executor in each location?

Without proper planning, your family could face years of legal confusion.

Which law applies?

When you die with international connections, different countries have different rules about which law governs your estate:

This means:

• Your Australian property follows Australian law
• Property in France follows French law
• Your investments might follow wherever you’re “domiciled”

It’s complicated — and exactly why you need professional help.

Multiple wills strategy

Many expats need more than one will:

Australian will:

• Covers Australian assets
• Appoints an Australian executor
• Follows Australian legal requirements

Local will (where you live):

• Covers assets in that country
• Appoints a local executor
• Complies with local formalities

Danger: The wills must not accidentally revoke each other. Each will should specify which assets it covers and state that it doesn’t revoke wills in other jurisdictions.

Forced heirship rules

Australia lets you leave assets to whoever you want (subject to family provision claims). Many countries don’t.

Countries with “forced heirship” rules require assets to go to specific relatives:

• France — Children have protected inheritance rights
• Middle East — Sharia law may apply to Muslims
• Many European countries — Spouse and children have guaranteed shares

If you own property in these countries, local law may override your wishes.

Super and the ATO

Australian super remains subject to Australian rules, even if you live overseas:

• Binding death benefit nominations still apply
• Tax treatment depends on beneficiary status
• Non-resident tax rules might apply

And don’t forget: the ATO still wants to know about your worldwide income while you maintain tax residency.

Practical executor challenges

Your executor needs to deal with:

• Banks in multiple countries
• Different probate processes
• Language barriers
• Time zone differences
• International transfer of funds

Consider:

• Appointing executors in each country, or
• Using a professional trustee company with international experience

Tax on international estates

Death can trigger taxes in multiple jurisdictions:

• Australia — No inheritance tax, but CGT on assets
• USA — Estate tax may apply if you’re a US person
• UK — Inheritance tax on UK assets
• Other countries — Various inheritance and estate taxes

Without planning, your estate might be taxed twice on the same assets.

What happens to your Australian assets

If you’re overseas and die without an Australian will:

• Australian intestacy rules apply to Australian assets
• Your overseas family may struggle to deal with Australian banks
• Probate may be required in both locations
• Delays can stretch into years

Keeping documents accessible

As an expat, your important documents might be scattered:

• Australian will in Australia
• Local will where you live
• Super and bank records in Australia
• Property documents in various locations

Make sure someone knows where everything is — ideally people in each country.

What to do now

1. Take inventory of assets by country
2. Understand where you’re legally “domiciled”
3. Research inheritance laws in countries where you have assets
4. Consider whether you need multiple wills
5. Get professional advice — this is not DIY territory
6. Ensure your Australian super nominations are current
7. Appoint executors who can practically act in each location
8. Create a master document showing where everything is

Related: What Your Will Doesn’t Cover · How to Choose the Right Executor