[CA] [CA] How should I write my will to cover property I own in multiple countries?
I have property in California and Australia. Do I need to make special additions to my US will to allow for property in Australia?
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When you own property in multiple countries, you typically need to account for different legal systems and potential international complications. Having a will in each country where you own property is generally a good approach, which you've already done. The U.S. will would be governed by the probate laws in the state where it is executed (in your case, California Probate Code).
While "all real property" language in your U.S. will would technically include your Australian properties, there's a practical issue: your US will may need to be recognized by Australian courts through a process called "resealing" to be effective for Australian assets, which can be complicated and time-consuming.
Your current strategy of having separate wills for each jurisdiction that specify the same executors and beneficiaries is generally sound. Having your Australian will specify it only operates in that jurisdiction also helps prevent conflicts between the two documents.
You might want to include express clauses or other language in both wills acknowledging the existence of the other will and specifying that each is intended to govern assets in its respective jurisdiction.
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I have property in California and Australia. Do I need to make special additions to my US will to allow for property in Australia?
Lexi, Chatbot
I understand the importance of ensuring your properties in California and Australia are properly accounted for. Are you currently working with a lawyer to create or update your will?
No.
Lexi, Chatbot
Have you already made any provisions in your current will regarding how you want your properties in different countries to be handled?
I am revising my US will currently using eForms. I have made no special notes about property existing in both countries. I want my estate handled in the same fashion in each country. My Australian will specifies the same executors and beneficiaries as my proposed US will.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your international property in will.
That's it.
Ross D.Jur
Hi, I'm Ross, a Legal Expert on AskaLawyer with 10 years of experience in Australian Law. Are there any specific assets or types of property in Australia that you are particularly concerned about including in your will?
Hi Ross. I live half-time in Australia and half-time in the USA. I’ve been living primarily in the USA for the last 30 years but am transitioning back to Australia as my main place of residence over the next few years. I have property in both countries. I am a citizen of both countries. I have an appropriately signed and witnessed Australian will that specifies that it only operates within that jurisdiction. I am revising my USA will to exactly match my Australian will. I am hoping that will all be correct and keep me covered within both jurisdictions. What do you think?
Ross D.Jur
When you own property in multiple countries, you typically need to account for different legal systems and potential international complications. Having a will in each country where you own property is generally a good approach, which you've already done. The U.S. will would be governed by the probate laws in the state where it is executed (in your case, California Probate Code).
While "all real property" language in your U.S. will would technically include your Australian properties, there's a practical issue: your US will may need to be recognized by Australian courts through a process called "resealing" to be effective for Australian assets, which can be complicated and time-consuming.
Your current strategy of having separate wills for each jurisdiction that specify the same executors and beneficiaries is generally sound. Having your Australian will specify it only operates in that jurisdiction also helps prevent conflicts between the two documents.
You might want to include express clauses or other language in both wills acknowledging the existence of the other will and specifying that each is intended to govern assets in its respective jurisdiction.
Ross D.Jur
I hope this helps. Is there anything else I can assist with in regard to your query?
That helps. Thank you for your advice.
Ross D.Jur
You are welcome. You have been a wonderful customer. Enjoy the rest of your day.
Ross D.Jur
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