Asquith Legal

International Estates

International Probate and Estates

Many Australians own overseas property for investment reasons, when the owner of these assets dies, an executor must also deal with the estate assets that are located overseas. 

If you own assets overseas, it is important that your estate plan and will take into account the law that applies to the overseas asset. Only when you know which law is applicable can an estate plan be properly drafted. 

For example:

Mr Gregg of Sydney, NSW is in a de-facto partnership. Mr Gregg has a brother to whom he doesn’t speak and his parents died many years ago. He owns a house in the centre of Berlin, Germany which he inherited from his parents. He dies without a will. Mr Gregg has discussed with his wife that a will ‘would not change much’ because he was leaving everything to her. She tried to claim the property in Berlin, and to her surprise under German Law the brother had inherited the property. This could have all been avoided if Mr Gregg had obtained advice and made a will that complies with the formal requirements in Germany. 

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