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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Is a will written and signed overseas legally binding within

Customer Question

is a will written and signed overseas legally binding within the Victorian Laws/
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: My nephew is a lawyer in another country and is willing to help us write up a will.
JA: Please give me a bit more information, so we can help you best.
Customer: We are both aged 70 and we have 3 adult children. The youngest aged 35 is refusing to move out of the family home, is verbally abusive and is causing us stress. We feel uncomfortable living in our own home with her around as she is not cooperative, does not pay rent or contribute to the food she helps herself from our pantry/fridge. We want to have a will write so that in our demise she will only receive a small percentage of our assets, the lion share be divided between the two siblings, a percentage given to our 2 grandchildren and the same to our son-in-law. My nephew is happy to write out this will for us, but I need to know if it is legally binding here in Victoria.
JA: Is there anything else important you think the Lawyer should know?
Customer: no
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Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Foreign wills are recognised in all states of australiaIt is always best that you have a will drafted by an independent solicitor. If your assets are in Australia then you should have an australian Lawyer draft it as the laws in each country vary. Australian laws do not have set distribution for beneficiaries as some others do. There are also various laws relating to challenging a will here and these should be discussed with you once instructions are given. A foreign lawyer are not versed in these and many not be able to advise you properly. It appears this is going to be an issue because you wish to leave someone out or reduced amounts. I hope this makes sense and is of assistance.

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