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I am an Australian resident, and hold a south african passport.

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I am due to become...

I am an Australian resident, and hold a south african passport. I am due to become a Aus citizen in august. I have assets in both RSA and Aus. My will is still in south africa and states what ever is in south africa goes to my existing family trust in RSA and whatever is outside of south-africa must go to a testamentary trust outside south-africa (in this case australia). I have been advised to have an australian will, but I felt the solicitor was more interested to get my business, rather than giving me the best advice for my situation. My preference is to still to keep the south-african will because we do not have gaurdians in Australia for our children and secondly because it is cheaper. How can I ensure that my south-african will comply to australian laws and will be recocnized by australian goverment as a valid will should I or my wife pass away?

Submitted: 12 years ago.Category: Australia Law

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Answered in 1 hour by:

7/19/2010

Solicitor: Leon, Solicitor replied 12 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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HI

your South African Will once probated in South Africa will then need to be reseasled in Australia for it to be valid.

Once it is resealed then your executor will set up the Testamentary Trust and put all the assets you have in Australia in that trust.

When the will is initially probated in SA it will have to disclose all the assets both here and in SA.

It appears from what you are saying you have made allowances in your Will for all assets and it would cover all assets.

In Australia all people have their own will. You will need to have your own and your wife will need to have her own.

I hope this is of assistance

Customer reply replied 12 years ago

Thanks, XXXXX XXXXX you answer, however, my concern is still if the contend of the will (the way it is written and its content) is meeting Australian requirements/standards. I am aware that we need to have seperate wills. Currently we have a joint will and this needs to be changed. Where/how can I get somebody to review my will to insure it meet Australian requirements

Solicitor: Leon, Solicitor replied 12 years ago

HI

If I was drafting the will I would word it slightly different. For a Will to be valid it is not the wording that is important. What is important is that it is signed correctly in the country it is made in.

Provided who ever is the executor understands what the will says and what is to happen that is all that matters about the working.

I hope this is of assistance

Customer reply replied 12 years ago

I just would like to labour the point about each person should have it's own will. Is a joint will in Australia illigal?

Solicitor: Leon, Solicitor replied 12 years ago

HI

Joint wills do not exist in australia.

If they are legal in RSA and they are probated there then it is the probate that is resealed here which is an order of the court of RSA.

A joint will that has to be probated here could be a problem.

I hope this is of assistance

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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