The Post
  • News
    • Education
    • Hornsby
    • Ku-ring-gai
    • Willoughby
    • Council
      • Hornsby Council
      • Ku-ring-gai Council
      • Willoughby Council
    • Letters
      • Letters to the editor
  • Digital Editions
  • Accessible Audio
  • Arts
  • Columnists
    • Tina Brown
    • Claudia Butjerevic
    • Steve Panozzo
    • Cecilia Castle
    • Rejimon Punchayil
    • Karen Humphries
    • Allan Shi
    • Nicolette Boele
    • Janelle McIntosh
    • John Zavaglia
  • Community
    • Events
      • Community Event
      • Concert
  • Health & Lifestyle
  • Directory
  • Advertise
  • News
    • Education
    • Hornsby
    • Ku-ring-gai
    • Willoughby
    • Council
      • Hornsby Council
      • Ku-ring-gai Council
      • Willoughby Council
    • Letters
      • Letters to the editor
  • Digital Editions
  • Accessible Audio
  • Arts
  • Columnists
    • Tina Brown
    • Claudia Butjerevic
    • Steve Panozzo
    • Cecilia Castle
    • Rejimon Punchayil
    • Karen Humphries
    • Allan Shi
    • Nicolette Boele
    • Janelle McIntosh
    • John Zavaglia
  • Community
    • Events
      • Community Event
      • Concert
  • Health & Lifestyle
  • Directory
  • Advertise
No Result
View All Result
The Post
The Post
Home The Post Columnists Cecilia Castle

International Wills

by Cecilia Castle
1 August 2024
in Cecilia Castle, Columnists
Reading Time: 2 mins read
0 0

Owning property overseas whilst residing in Australia or owning property in Australia whilst residing overseas creates food for thought about the jurisdiction of wills.

Australia is one of twelve countries that joined the Convention Providing a Uniform Law on the Form of an International Will 1973, with legislation commencing in Australia in 2015.

The aim of the convention is to harmonise and simplify proof of formalities for wills that have international characteristics. International Wills pursuant to the convention require the following for international recognition in member countries:

  1. The will must be in writing;
  2. Can be written in any language;
  3. Need not be written by the testator;
  4. Must be signed and dated in the presence of two witnesses and a person who has the authority to draw up the document; and
  5. Must have an attached certificate, signed by a lawyer, confirming that the necessary requirement and procedures have been met.

These requirements are not the same as for wills made in NSW or other Australian states. However, NSW state legislation, namely the Succession Act 2006 (NSW), provides for international wills made under the convention.

Given the small number of member nations to the convention, a further option for testators with property in multiple jurisdictions is to make wills in each of those jurisdictions, provided the wills are cross referenced and not revoked. This strategy may assist overseas beneficiaries inheriting property situated in that country, or where the original will is required in more than one jurisdiction, as well as avoiding tax implications that may apply in different countries.

Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au

Cecilia Castle

Cecilia Castle

ADVERTISEMENT
The Post is the premier independent newsmagazine for the Hornsby Shire and Ku-ring-gai communities. We deliver hyperlocal news across Sydney’s Upper North Shore, covering stories that matter most to our neighbors—from local council decisions to arts, business networking, and school achievements. With our new Audio Edition, local news is now more accessible than ever.
Privacy & Compliance: At The Post, we value your privacy. We only collect personal information, such as your email or contact details, to provide you with our hyperlocal news and advertising services. We do not sell your data to third parties. For full details on how we handle your information and your rights under Australian privacy laws, please view our full policy.

This publication cannot be reproduced in whole or in part without the express written permission of the Editor. All responsibility for information, advertisements, and opinions appearing in The Post is solely that of the contributor or advertiser.

  • About Us
  • Digital Editions
  • Privacy Policy
  • Copyright & Terms
  • Contact Us
  • News
  • Digital Editions
  • Accessible Audio
  • Arts
  • Columnists
  • Community
  • Health & Lifestyle
  • Directory
  • Advertise

© 2020 to 2026 King Publications Pty Limited - ABN 93 636 850 550

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Reach Local Readers

Promote your business with The Post. View our latest advertising rates today.

See Media Kit
No Result
View All Result
  • News
    • Education
    • Hornsby
    • Ku-ring-gai
    • Willoughby
    • Council
      • Hornsby Council
      • Ku-ring-gai Council
      • Willoughby Council
    • Letters
      • Letters to the editor
  • Digital Editions
  • Accessible Audio
  • Arts
  • Columnists
    • Tina Brown
    • Claudia Butjerevic
    • Steve Panozzo
    • Cecilia Castle
    • Rejimon Punchayil
    • Karen Humphries
    • Allan Shi
    • Nicolette Boele
    • Janelle McIntosh
    • John Zavaglia
  • Community
    • Events
      • Community Event
      • Concert
  • Health & Lifestyle
  • Directory
  • Advertise
Newsletter
Go to mobile version