A UK Will in Australia

Vision Direct


Is an overseas Will valid in Australia.

Some people say that it isn’t, but some others say it is, so it is time to try to be sure.

Wills made overseas
Generally, a will made overseas that is valid according to the law of the country where the will was made, is acceptable in South Australia even if it is not valid according to South Australian law.
Source: www.seniors.asn.au/centric/legal_consumer/wills.jsp

Succession Act 2006
I read this quote: “Section 48 of the Succession Act 2006 means that almost all overseas Wills are now likely to be recognised by New South Wales Courts.” at: www.turkslegal.com.au/Publication/profile.asp?DocumentID=924

Now for some nitty gritty…

NSW Succession Act 2006 No 80
Part 2.4 Wills under foreign law
Section 48 General rule as to the validity of a will executed in a foreign place.
(2) The following wills are also taken to be properly executed:
(b) a will, to the extent that it disposes of immovable property, executed in conformity with the internal law in force in the place where the property is situated.

My Conclusion:

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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.

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