An Australian will is valid in the UK, if it was correctly set up in accordance with Australian law. Likewise, Australian law recognises a will that has been prepared in another country. This means that your executors can manage the distribution of all your assets under the terms of a carefully drafted English will.
Which countries recognise Australian Wills? By and large, Commonwealth countries share a similar legal system, and often the Courts of those countries will recognise the validity of an Australian Will. Notable inclusions in this category are the United Kingdom, New Zealand and Canada.
Australian law does recognise a will that has been prepared in another country and therefore Australian assets could be dealt with together with your English assets under a carefully drafted English will. However, it is usually recommended to make a separate Australian will dealing with your Australian assets.
Foreign wills are recognised in England and Wales, provided that they comply with the law of a country in or of which the testator was domiciled, habitually resident or a national either at the time of the execution of the will or at the date of his or her death, or both.
Article 1 of the Convention states that the form of a Will shall be valid, irrespective of where it is signed, the location of assets and of the nationality, domicile or residence of the testator, if it is made in the form of an International Will complying with the provisions set out in Articles 2 to 5 of the ...
Can I have Wills in different countries? The simple answer to this is yes, you can have Wills in different countries to cover the assets in these countries. Whether it is advisable to create multiple Wills depends upon the assets you have, the countries that they are in, and the laws of the different countries.
Generally speaking, for a U.S. will to be valid in a foreign country, it must be formally valid under the laws of that jurisdiction. Some foreign jurisdictions, however, will not recognize a will drafted in the United States under any circumstance or will recognize the U.S. will only under certain unique circumstances.
If the person making the will (known as a testator) is thought to be lacking testamentary capacity, then the will is invalidated. It will also call into question how to divide up the estate among beneficiaries. This is one reason why, if you're writing a will, you should consider using your GP as a witness.
be of sound mind. make it in writing. sign it in the presence of 2 witnesses who are both over 18. have it signed by your 2 witnesses, in your presence.
International Wills
Sadly, the international legal community didn't really jump at the idea and an International Will is currently only accepted in Belgium, Bosnia, Ecuador, Herzegovina, Canada (except BC and Quebec), Cyprus, France, Italy, Libya, Niger, Portugal, and Slovenia, as well as 23 US States.
As Australia doesn't have Inheritance Tax, there will be no IHT to pay. As we've already stated, however, as you will be a non-resident beneficiary of an Australian estate, CGT may well be payable by the estate on the value of assets left to you. This will be calculated at the date of death of the deceased.
If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.
Will a foreign Power of Attorney be accepted in England? A foreign power of attorney or similar protective measure will be recognised in England and Wales under Schedule 3 MCA if it was valid under the law of the country in which the donor is habitually resident.
Inheriting money and assets
There are no inheritance or estate taxes in Australia.
No – Wills do not “expire” in Australia; however it is important to know that important life events can void or affect your Will.
Your will doesn't have to be registered to be legal. However, registration ensures your will can be found in the National Will Register. This will make managing your estate easier after you have died. Probate can be delayed by lost wills, so it is wise to register your will.
An original will stored by you is the property of the client and after the client's death, it is the property of the estate. You should store the original will until after the death of the client, or until you are able to return the original to the client.
You can write your will yourself, but you should get advice if your will is not straightforward. You need to get your will formally witnessed and signed to make it legally valid. If you want to update your will, you need to make an official alteration (called a 'codicil') or make a new will.
60% of claimants who disputed their inheritance obtained some form of benefit from doing so.
Who can witness a will? The witness must be 18 and over with capacity and if possible, not related to the testator or have any personal interest in the will.
A Will does not have an expiry date. However, it is advisable to review your will periodically. If you acquire new property, or there are changes in your circumstances such as a marriage, your Will should be changed to reflect your circumstances.
You can make a will in any country or expat community in the world using makeawillonline.co.uk once you have taken advice from a local expert.
Funds received from an overseas inheritance are not liable to income tax.
Can be written in any language; Need not be written by the testator; Must be signed and dated in the presence of two witnesses and a person who has the authority to draw up the document; Must have an attached certificate, signed by a lawyer, confirming that the necessary requirements and procedures have been met.
If a person is domiciled abroad and has a foreign Will, but has assets in England, then under English Law their English estate would have to be administered under English Law. Their foreign Will would also need to be admissible for probate in England.