Making a will in Oz
Oct 3rd 2009 | 5:25 am
#16
Retired
Joined: Apr 2004
Posts: 34,646
Re: Making a will in Oz
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...
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...
Having two wills is not the risk free option that you quote, as they may contradict each other.
The guiding principles should be:
- You should normally have a will in the jurisidiction in which you reside; and
- IF you have substantial assets in another jurisdiction, then research whether it is better to have a local will or whether that jurisdiction will accept your out-of-state/province/country will.
These answers are almost always fact dependent so don't believe what you read on forums.
Oct 3rd 2009 | 10:32 am
#17
BE Enthusiast
Joined: Mar 2008
Posts: 553
From: 60 Kms north of Sydney
Re: Making a will in Oz
The Public Trustees are free to prepare the will but processing it after death usually cost a bit more, there are still advantages though especially if you don't want relatives meddling. We both have wills with the Public trustee (they recently changed their name in NSW), we also have made provision for them to look after other things if we become incapable.
Oct 3rd 2009 | 12:07 pm
#18
live free or die
Joined: Mar 2007
Posts: 6,967
From: Valhalla
Re: Making a will in Oz
Thanks for posting this question and some valid answers. I had no idea that we should write another one.
I was only mentioning the other day.....pretty morbid.....but if something happened to us now, I have no idea where I'd want to be buried......
I was only mentioning the other day.....pretty morbid.....but if something happened to us now, I have no idea where I'd want to be buried......
Oct 7th 2009 | 7:38 pm
#19
BE Forum Addict
Joined: Mar 2004
Posts: 1,628
From: Sydney
Re: Making a will in Oz
If you are in Sydney I saw advertised in MX today that the Red Cross are running wills days on 29th & 30th October. The cost is $60 per will (donation so can be claimed against tax I expect) and the wills are written for you by a solicitor. Their website (redcross.org.au I think) has more info on it according to the ad.
We did this a couple of months ago when the Spastic Society was running a wills day, and there was no hidden catches (you can chose you executors, the solicitor stores the will for you safely at no cost, you don't have to include the charity in your will).
We did this a couple of months ago when the Spastic Society was running a wills day, and there was no hidden catches (you can chose you executors, the solicitor stores the will for you safely at no cost, you don't have to include the charity in your will).
