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-   -   Making a will in Oz (https://britishexpats.com/forum/australia-54/making-will-oz-632143/)

Wendy66 Sep 22nd 2009 4:49 pm

Making a will in Oz
 
We had wills in UK now we are living permanently in Oz I understand they are void.

Has anyone used these https://onewill.com.au - 2 wills for me and hubby for $99


Or any other suggestions would be good.

Thanks :D

ABCDiamond Sep 22nd 2009 5:46 pm

Re: Making a will in Oz
 
My insurance company allow us to make wills free of charge.

Create Free Online Will - AAMI Insurance Australia
http://www.aami.com.au/customer-serv...ls-online.aspx

It takes you through it step by step.

Centurion Sep 22nd 2009 5:47 pm

Re: Making a will in Oz
 
You can get a will kit for couples (or singles) from Australia Post. Cheap, very effective.

Also for power of attorney and enduring power of attorney's (which people should have just in case), you can download the form here (this is for NSW) only and contains instructions on what to do :

http://www.lands.nsw.gov.au/_media/l...ney_in_NSW.pdf

Wendy66 Sep 22nd 2009 6:52 pm

Re: Making a will in Oz
 
Thanks for answers :thumbup:

JAJ Sep 23rd 2009 1:22 pm

Re: Making a will in Oz
 

Originally Posted by Wendy66 (Post 7956152)
We had wills in UK now we are living permanently in Oz I understand they are void.

You understand incorrectly, unless your state does not allow out-of-state wills to be admitted for probate.

And even that doesn't matter if your assets aren't located there ...

However, your will should usually be in the same jurisdiction as your main assets, makes things a lot less complicated even if a UK will isn't "void" as you suggest.

James516 Sep 23rd 2009 2:03 pm

Re: Making a will in Oz
 

Originally Posted by JAJ (Post 7959454)
You understand incorrectly, unless your state does not allow out-of-state wills to be admitted for probate.

And even that doesn't matter if your assets aren't located there ...

However, your will should usually be in the same jurisdiction as your main assets, makes things a lot less complicated even if a UK will isn't "void" as you suggest.

Our solicitor in the UK told us that a UK will will be used to distribute assets held in the UK, and if we moved to Australia we would be effectively intestate if we died in Oz. I agree however that the Probate Court would likely take guidance from the UK will (if they knew about it!).

We got Qld wills done just last month through the Public Trustee - a free service which included a good thorough interview which was a bit better than doing it ourselves.

slipshot Sep 23rd 2009 6:17 pm

Re: Making a will in Oz
 

Originally Posted by ABCDiamond (Post 7956215)
My insurance company allow us to make wills free of charge.

Create Free Online Will - AAMI Insurance Australia
http://www.aami.com.au/customer-serv...ls-online.aspx

It takes you through it step by step.

Very helpful chap - thanks...

Sally Simpson Sep 23rd 2009 7:49 pm

Re: Making a will in Oz
 

Originally Posted by James516 (Post 7959538)
Our solicitor in the UK told us that a UK will will be used to distribute assets held in the UK, and if we moved to Australia we would be effectively intestate if we died in Oz. I agree however that the Probate Court would likely take guidance from the UK will (if they knew about it!).

We got Qld wills done just last month through the Public Trustee - a free service which included a good thorough interview which was a bit better than doing it ourselves.

What or who is the Public Trustee? Where do I find out about this service?

Has anyone used a solicitor? Is it expensive?

ABCDiamond Sep 23rd 2009 8:21 pm

Re: Making a will in Oz
 

Originally Posted by sallyclaire (Post 7960184)
What or who is the Public Trustee? Where do I find out about this service?

http://www.pt.qld.gov.au/

They get paid if and when you use their service after the event that triggers the will reading.

Each State has one, that reminds me, I did one with the PT in NSW !! I'd better change it... :D

Sally Simpson Sep 23rd 2009 8:27 pm

Re: Making a will in Oz
 

Originally Posted by ABCDiamond (Post 7960249)
http://www.pt.qld.gov.au/

They get paid if and when you use their service after the event that triggers the will reading.

Each State has one, that reminds me, I did one with the PT in NSW !! I'd better change it... :D

Thank you for the link. There is an office in Cairns so may give them a call tomorrow.

nerysann Sep 30th 2009 1:45 am

Re: Making a will in Oz
 
you should make a UK will for UK assets, Australian Will for Australia Assets. try Citizen's advice Bureau for cheap Wills
PLEASE do not buy from post office unless you follow the instructions very carefully. eg date, appoint executor, have witnesses present. also uk has very inheritance tax implications that Australia hasn't got (death tax is abolished, well in WA anyway)

lapin_windstar Sep 30th 2009 1:58 pm

Re: Making a will in Oz
 
I freely admit to knowing very little about wills and I am not disputing either but...


Originally Posted by James516 (Post 7959538)
Our solicitor in the UK told us that a UK will will be used to distribute assets held in the UK, and if we moved to Australia we would be effectively intestate if we died in Oz.


Originally Posted by nerysann (Post 7977701)
you should make a UK will for UK assets, Australian Will for Australia Assets

...both sounded a bit weird.

Why couldn't you make a single will that allocated assets in both jurisdictions? :confused:

ABCDiamond Sep 30th 2009 4:05 pm

Re: Making a will in Oz
 

Originally Posted by lapin_windstar (Post 7979361)
I freely admit to knowing very little about wills and I am not disputing either but...




...both sounded a bit weird.

Why couldn't you make a single will that allocated assets in both jurisdictions? :confused:

Legalities is the answer....


My Conclusion:

It appears that an overseas will can be accepted, at least in some Jurisdictions in Australia, but may be over-ridden by local law.

One thing that does seem sure though, it will almost certainly take longer to process than a local will, made in the State of your residence.

Another thing that is also sure, from my reading of different State legislation, is that each State appears to have different rules applying if a person dies without a will.


nerysann Sep 30th 2009 4:18 pm

Re: Making a will in Oz
 

Originally Posted by lapin_windstar (Post 7979361)
I freely admit to knowing very little about wills and I am not disputing either but...




...both sounded a bit weird.

Why couldn't you make a single will that allocated assets in both jurisdictions? :confused:

I am a lawyer and this is what we advise our clients - to make a Willin both countries. that way, you avoid the risk that the county where your Will was not made not accepting your Will.

Usually Probate of an Australian will, once proved can be resealed in the UK.

However, as I said, te better way is to get a separate will for each country where assets are held.

if the residuary clause is ambiguous- i.e does not specifically mention the countries, you may risk dying partially intestate.

that's my view as its the safer option...

sram466 Oct 2nd 2009 9:40 pm

Re: Making a will in Oz
 

Originally Posted by ABCDiamond (Post 7956215)
My insurance company allow us to make wills free of charge.

Create Free Online Will - AAMI Insurance Australia
http://www.aami.com.au/customer-serv...ls-online.aspx

It takes you through it step by step.

A handy link, sure to use when my time comes ... thanks for sharing ABCDiamond.


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