A Will Without Borders

Written by Nicole Commandeur

With COVID behind us, more and more people have returned to travelling and living overseas. Whether you are an Australian living abroad permanently or just for a few years, or you have moved from the US or Europe to Australia making a fresh start, you may find yourself owning assets in different countries. Does your Australian Will cover these assets? Do you need a separate will in each country that you hold assets? 

A Will that you create in New South Wales, Australia will cover assets that you own in other parts of Australia but you can’t assume that any overseas assets you have will be protected by your Australian Will. Every country has its own rules and laws that apply to your assets when you die. 

We have a large expat community in Sydney and Australia wide and questions often arise in relation to estate planning to deal with those assets as securely as possible after our death. Can you make a Will that captures all of your international assets? Can you choose which jurisdiction governs the distribution of your estate? 

The truth is, there is no simple solution to this question and our advice will be different on a case-by–case basis. 

At Owen Hodge Lawyers we have expats in our team and we specialise in international estate planning. We also have a number of solicitors who speak many different languages. We would be pleased to assist you in making an estate plan tailored to satisfy your needs and give you peace of mind. Contact us today to organise your very own Will Without Borders and to avoid any issues that may occur if you die with assets across a number of countries.