Zenshin

Hey guys, anyone know what differences there may be with setting up an Australian will as opposed to a UK one? We have not set one up yet mainly due to not being sure which one is best for us. We are both Australian born but lived in the UK for 11 years. In that time we set up a business that is still operating over there and also have 3 properties all of which are being rented. We now live in Australia and haven't bought any property here yet so no real assets in Australia. We also have a 9 yr old daughter so we need to make sure she is taken care of should anything happen to us.

I understand there may be different laws that apply in each country. Is it best to have a will in the country you reside or the one where all your assets are? Would a basic off the shelf will kit from either country suffice or would we be better getting a solicitor (or whoever it is that can advise) to prepare it?

carolinephillips

Get a solicitor- your affairs are not simple and need to be very carefully written.

Are you intending to stay in Australia? If so then an Aussie will is what you need. A UK will is not valid out here.

Zenshin

Thank you. Yes planning on staying here for now as we are originally from here. Now just got to find a decently priced solicitor ha! ha!

JAJ

Not true. Most Australian probate courts will accept a United Kingdom will on an out-of-jurisdiction basis. And vice versa.

However, if living in Australia is is usually better to have a single will, under the law of the state/territory of residence.

DBinLondon

Hey mate

Wife (British) and I (Aussie) got our Wills and Power of Attorney done over a year ago by a Solicitor here in Sydney. We asked him at the time about whether they would be legal if we returned to the UK and he categorically said that they would be, but that we should still speak to a Solicitor in the UK to confirm that, as well as potentially need to update them given any change of circumstances (e.g more kids, more assets).