European deceased estates with assets in Australia

Robertson Hayles Lawyers in Perth, Western Australia has a strong history of helping families and legal practices from Europe with managing deceased estates with assets in Australia. With extensive experience in international probate, we assist in court applications in Western Australia for probate and letters of administration and in locating assets and identifying beneficiaries within Australia.

Understanding Australia’s Probate Laws for Foreign Estates

Australia’s probate laws are complex due to its federal system. Unlike areas such as family and corporations law where federal law applies, probate matters fall under the jurisdiction of each state and territory where probate is required. This means navigating the different probate laws in each region. Typically, only grants of probate from the United Kingdom or in certain jurisdictions, from a Commonwealth country can be “resealed” in Australia. For European deceased estates, a fresh application must be made in the Supreme Court of the state or territory where the assets are located. Probate or letters of administration are required so that the executor or administrator is empowered to collect and distribute the assets to the beneficiaries of the deceased estate. However, if assets are minimal – such as small bank deposits or low value shares or other assets – probate may not be required to collect these assets.

Western Australia’s Specific Requirements

In Western Australia, only grants from the United Kingdom or His Majesty’s Dominions can be resealed. For European deceased estates with assets in WA, we assist in preparing a new application for probate or letters of administration. Assets that may necessitate probate include bank accounts, company shares, real estate, or personal items within WA. If assets span multiple states and territories, we can coordinate applications across jurisdictions, ensuring a seamless process in dealing with the deceased estate and asset collection.

We live in an international world where many cross borders for work, study, retirement, and leisure.

Many Australians hold real estate, shares, bank deposits and business interests in a foreign country.  Similarly, many foreigners residing overseas hold assets in Australia.

Some people have assets not only in Australia and other countries but in multiple jurisdictions.  Increasingly, lawyers have to deal with deceased estates with international probate issues.

Deceased estates with cross-border assets create challenges for executors, beneficiaries, and their lawyers.  They have to deal with the administration of a deceased estate in a foreign environment without the knowledge of the law and procedures in multiple jurisdictions.  In this scenario, executors and their lawyers will have to ask the following questions when dealing with international probate: –