The executor must make reasonable attempts  to find the beneficiaries of the Estate, including by advertising in local newspapers in the city where the deceased last resided or speaking with the deceased’s family members.

A solicitor can assist you with these searches.

If a beneficiary cannot be located and the executor has made every attempt to find him / her, then there are some options available to the executor  to enable him / her to complete the distribution of the estate. These include:

• Applying for a court order  to permit the executor to disburse the Estate on the presumption that the beneficiary has predeceased the deceased;
• Distribute the Estate amongst the beneficiaries who have been located and obtain an indemnity from each of them to protect the executor from personal liability should the missing  beneficiary come forward at a later date; or
• Distribute the estate and obtain insurance to protect the executor from personal liability should the missing beneficiary come forward at a later date.

It is recommended that before taking any action, you should obtain advice from an expert solicitor.

The post The deceased has family overseas – how do I locate them so I can to distribute the assets due to them under the terms of the Will? appeared first on Wills & Inheritance HQ.

The executor or administrator of the deceased’s Australian property would be the most ideal person to apply for the equivalent of Letters of Administration in the foreign country.

It may be possible to contest the distribution of the foreign assets under the will if that foreign country has forced inheritance laws.

If the person died without a will, it may also be possible to challenge the way the property is to pass under the Intestacy Rules of that country, but in many countries the Intestacy Rules cannot be varied or challenged.

To commence a will challenge in that country, legal proceedings will need to be commenced in the foreign country where it will be decided in accordance with that country’s laws.

You should obtain legal advice before you consider doing this.

CWPL are international experts in estate and probate law. CWPL also has a worldwide network of legal practitioners who are able to assist with foreign legal proceedings, and CWPL can manage your overseas litigation by using your own Australian solicitor.

The post How do I make a claim against foreign assets? appeared first on Wills & Inheritance HQ.

However the operation of the Australian Will in that foreign country will be affected by the laws of that foreign country.

This is especially so in relation to an asset that is immoveable, such as land or a house.  So even if the Australian will operates over the land in the foreign country, a claim against a Will regarding that asset can usually only be made pursuant to the laws of that country.  The laws of the various States of Australia that permit some-one to challenge a will cannot apply to land in another country.

So if an Australian will leaves foreign property to one person, the laws of that foreign county may dictate that the land must go, at least in part to some close family member under the “forced inheritance” laws of that foreign country.

Cash held in a foreign bank account may be able to be transferred to the deceased’s Australian bank account to be distributed in accordance with the deceased’s Will. However, the foreign bank may require a copy of the Will, grant of Probate and death certificate before agreeing to the transfer. These documents may need to be translated.

Certain provisions in an Australian Will that deal with foreign immoveable property may not be valid in the foreign country.

The deceased may have prepared for such a situation and executed a Will in the foreign country in which the immoveable property is located. In this situation, this property will be divided in accordance with the foreign Will, but if it is not compliant with laws such as the “forced inheritance” laws of that foreign country, then the foreign Will only has limited application.

A foreign Will should be examined carefully.  The deceased may have unintentionally  cancelled or revoked the foreign Will by later executing a Will made under in Australia.  This would mean that the foreign Will is no longer valid.

If there is a foreign Will,  then the executor appointed under that Will must make an application for Probate in that foreign country. It is likely that the steps and documents required to obtain Probate in the foreign country, including any requirement to pay inheritance tax on the Estate, will be different from the laws of Australia.

Where assets are located overseas or a foreign Will exist, you should obtain legal advice from a solicitor. You may also need to obtain advice from a solicitor in the foreign country where the assets or Will is located.

In some cases, a foreign Will may be registered for Probate in another country. This would mean that the terms of the foreign Will apply to the assets of the country in which Probate was granted.

The post Foreign assets: When are they to be distributed in accordance with the deceased’s Will and relevant State law? appeared first on Wills & Inheritance HQ.

The original Will must be obtained as it will be required to apply for a grant of Probate and a request will need to be made to the deceased’s foreign solicitors or to the entity who is safekeeping the Will.  The Will may need to be translated if it is not written in English.

The post What if the will is held by a foreign entity or a foreign solicitor? appeared first on Wills & Inheritance HQ.

The death must be registered in the country in which the deceased died. It may also be registered at the Australian Embassy in the foreign country where an Australian style death certificate will be issued.

If the deceased’s family wish to bring the body back to Australia, arrangements must be made with international undertakers. Generally, the international undertakers will require a certified copy of the foreign death certificate (translated into English if necessary), formal authorisation to remove the body from the country and a certificate of embalming. It may be possible to claim the costs for this from the deceased’s travel insurance.

The Australian Consulate in the relevant foreign country will be able to help with obtaining the death certificate, any other formal paperwork and making the necessary arrangements.

The post What if the deceased was living or travelling overseas at the time of death? appeared first on Wills & Inheritance HQ.

“Domicile” is a legal concept and not easily defined. Generally, a person will be domiciled where he / she has their permanent home and where he / she intends to live indefinitely.

The deceased’s domicile is usually obvious in most matters and therefore not in dispute. However, in some situations domicile may not be particularly clear: for example, if the deceased was born in another country to the one he / she resided in at the time of death or divided his / her time between two (2) countries.

A court will need to determine any dispute as to the deceased’s domicile.

The post Was the deceased domiciled in a State of Australia? What difference does this make? appeared first on Wills & Inheritance HQ.