Legal Question in Wills and Trusts in Australia

ex-pat will

As an American/New Zealand dual citizen living in

Australia permanently I would like to know where/how

to have a will made which will cover my assets in the

USA and Australia. Will I need 2 wills or can I have one

drawn up in only one coountry? tia. Harold


Asked on 11/04/04, 12:13 am

1 Answer from Attorneys

Tim Wishart McMahons National lawyers

Re: ex-pat will

I suspect you will need to make a will for the Australian assets and one for the USA assets.

There is a process for recognising Grants of Probate in foreign jurisdictions but I am unsure if it applies in the USA - you could certainly make a will that dealt with the assets but your executor might need to have it "resealed" by the court in overseas jurisdiction before the executor could deal with the assets.

The safest course is probably to make a will in each jurisdiction.

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Answered on 11/04/04, 12:44 am


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