I have been discussing the situation for Poms with assets in the UK and Australia and also those with UK wills and no Australian Wills.
The following info members may find very helpful. DUAL –JURISDICTION WILLS
There are circumstances where a person making a will (“the testator”) owns assets in Australia and another country and would like separate wills to deal with the assets in each particular country.
The advantages of having two separate wills are;
- There may be difficulties in obtaining probate in the other jurisdiction due to the fact there is only one original will;
- The testator may wish to may wish to appoint separate Executors to deal with assets in different jurisdictions.
- There may be tax and costs benefits in having two separate wills, one for each jurisdiction.
In the event that the testator requires a separate will for each jurisdiction each will should contain a clause which;
- States that the will does not affect specific assets, which are identified, in the other jurisdiction;
- States that the will does not affect, and operates independently, of the assets in the other jurisdiction.
The wills for each jurisdiction should be prepared by an appropriately qualified professional in that jurisdiction.
I have a contact for UK will writing and Australian wills please PM me if you would like their details.
(The above should not be taken as advice, rather factual information)