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.
Cross-Border Probate Solutions: Comprehensive and Tailored
Robertson Hayles Lawyers has extensive experience supporting European clients from countries such as Italy, France, Germany, Switzerland, Greece, Poland, Serbia, Croatia and others. We provide tailored solutions for cross-border probate matters, addressing issues relating to a deceased estate in Western Australia such as:
- Determining the applicable succession law (Australian or European) for the deceased estate
- Identifying beneficiaries of Australian-held assets
- Handling potential inheritance claims within Western Australia
- Highlighting tax considerations that may impact the estate
Why Choose Robertson Hayles Lawyers?
When you appoint Robertson Hayles Lawyers, you’ll work directly with an experienced Australian probate lawyer who holds a current practicing certificate. We understand the complexities of cross-border probate and will guide you through every step, ensuring a smooth and professional process.
If you require assistance with a deceased estate involving assets in Western Australia and beyond, contact Robertson Hayles Lawyers at (08) 9325 1700 or email us at enquiry@robertsonhayles.com. Let our expertise help ease the process of managing cross-border estates.