As more Australians invest overseas or acquire property internationally, managing your estate across multiple jurisdictions has become increasingly complex. One way to simplify this process is through an International Will, governed by the UNIDROIT Convention Providing a Uniform Law on the Form of an International Will 1973, which Australia ratified in 2015.
But is an international will the right choice for you? Here’s what Queensland property owners need to know.
What is an International Will?
An international will allows a person to draft one will covering assets in multiple countries, rather than creating separate wills for each jurisdiction. So long as the will meets the formal requirements of the UNIDROIT Convention, countries that are party to the Convention must recognise it as valid—even if it does not comply with that country’s specific will-making rules.
However, it is important to note that not all countries have signed the Convention. If you own assets in a country that is not a signatory, you may still need a separate will that complies with that country’s legal requirements.
Concurrent Wills
When a testator owns assets in multiple countries—especially in countries not bound by the UNIDROIT Convention—concurrent wills may be used. This means creating separate wills for each jurisdiction, each applying only to assets in that country. Each will must comply with the respective country’s legal requirements.
Requirements for a Valid International Will
To be recognised internationally, a will must satisfy the following criteria:
- Both the country where the will is made and countries where the assets are held must be signatories to the UNIDROIT Convention.
- The will must be made by a single testator.
- The will must be in writing.
- The will must be made with the express intention of being a will, and the testator must acknowledge understanding its contents.
- The will must be signed by the testator and witnessed by two authorised persons.
- The testator must sign every page of the will.
- Each authorised witness must complete a certificate confirming compliance with the Convention.
In Queensland, authorised witnesses include:
- An Australian legal practitioner
- A public notary
- A person authorised under the law of a country that is a signatory to the Convention
Failing to meet these requirements means the will may only be valid for Australian assets.
Key Considerations for Queensland Property Owners
Queensland courts have examined international wills to clarify potential grey areas, particularly revocation clauses. These clauses ensure that the most recent will’s instructions are followed.
In some cases, overseas wills were unintentionally revoked due to a lack of disclosure of international assets when drafting an Australian will. The Queensland Supreme Court has upheld the validity of overseas wills in such situations (see Re Perry [2021] QSC 97). This highlights the importance of accurate wording and full disclosure when drafting an international or concurrent will.
Steps to Take If You Have International Assets
If you own property or other assets outside Australia and are considering updating or drafting a will, you should:
- Disclose all assets—both domestic and international—to your property lawyer.
- Seek tax advice regarding any foreign assets and the implications for your estate.
- Check whether the countries where your assets are located have signed the UNIDROIT Convention.
- If eligible, ensure your will meets both Queensland requirements and the international will standards.
NB Property Law Can Help
Managing international assets requires careful planning to ensure your estate is handled according to your wishes and compliant with the law. The property team at NB Property Law can assist with:
- Drafting international or concurrent wills
- Reviewing and updating existing wills
- Advising on cross-border estate planning and tax implications
Protect your assets and your family’s future by ensuring your estate planning is comprehensive and legally sound.
Contact NB Property Law today for expert guidance on international wills and property estate planning in Queensland.