Estate Planning Lawyers Melbourne: Helping Indians Manage Property Overseas

For many Indians, NRIs, and OCI cardholders living in Melbourne, Sydney, Brisbane, Perth, Adelaide, Canberra, and Darwin, owning property in India is a matter of pride and legacy. But when it comes to passing these assets on to future generations, the process isn’t always smooth—especially with cross-border legal hurdles. This is where trusted estate planning lawyers Melbourne become essential allies.

Whether you’re drafting a will for property in Mumbai or planning to create a trust for your farmland in Punjab, working with specialised wills lawyers in Melbourne who understand both Indian legal systems and your overseas lifestyle ensures peace of mind.

Estate Planning Lawyers Melbourne: Why NRIs Must Secure Their Indian Assets

Managing estate matters across borders presents unique legal challenges. If you’re living in Australia but own property in India, estate planning requires compliance with Indian succession laws while also considering your domicile in Australia. A will that works in Australia may not be valid in India, and without proper legal guidance, families often face painful delays and disputes.

Take the case of Mr. Sharma, an OCI cardholder in Melbourne, who owns agricultural land in Punjab. Without a well-drafted Indian will, his children risk facing inheritance issues due to India’s Hindu Succession Act, 1956, which governs property distribution when no valid will exists.

1.How Estate Planning Lawyers Melbourne Help Indians Abroad

Estate planning lawyers in Melbourne provide critical support to Indians abroad through services like:

Drafting Indian-Compliant Wills

A will must follow Section 63 of the Indian Succession Act, 1925, and be properly attested to be valid in Indian courts. Your lawyer ensures it meets all formalities, even if created in Australia.

Power of Attorney (PoA)

A PoA allows a trusted person in India to manage property or legal tasks on your behalf. It must be notarised and apostilled to be recognised under Indian law.

Setting Up Trusts

Under the Indian Trusts Act, 1882, NRIs can create private trusts for asset protection. This is especially useful for high-value properties or vulnerable heirs.

Handling Intestate Succession

If no will exists, estate planning lawyers can initiate legal proceedings under relevant personal laws like the Hindu Succession Act, Muslim Personal Law, or Christian Succession Act, depending on the religion.

Apostille & Legalisation

Documents signed in Australia often need apostille certification under the Hague Convention or Indian consulate legalisation for use in Indian courts.

Tax Compliance & Transfers

While India does not impose inheritance tax, capital gains tax may apply when assets are sold. Estate lawyers work with tax consultants to ensure compliance on both sides.

2. Understanding Cross-Border Jurisdiction in Estate Planning

Cross-border estate matters raise a critical question: which country’s law applies?

Immovable property (land, homes) is governed by the law of the location—i.e., Indian law.
Movable property (bank accounts, shares) often follows the law of the deceased’s domicile—which could be Australia.

Estate planning lawyers in Melbourne help you structure your estate to avoid conflicts between jurisdictions and ensure your wishes are respected in both India and Australia.

3. Real-Life Example: Avoiding Disputes Through Smart Planning

Mrs. Verma, an Indian citizen living in Sydney, wanted to pass her Mumbai apartment to her daughter. Her estate planning lawyer in Melbourne drafted a will compliant with Indian succession laws, advised her on attestation requirements, and arranged for its registration in Mumbai. As a result, her daughter avoided costly litigation and delays when the time came.

4. Why Choose Family Law Firms Melbourne for Estate and Inheritance Matters?

Many family law firms in Melbourne partner with Indian legal experts to provide holistic solutions. If you’re also dealing with matrimonial issues, child custody, or family disputes tied to inheritance, working with a firm that handles both family law and estate planning under Indian and Australian laws is ideal.

5. Wills Lawyers Melbourne: Bridging Legal Systems for Indians Overseas

A will that only complies with Australian law might not serve your Indian estate. A wills lawyer in Melbourne familiar with Indian laws ensures your dual-country estate is protected. Whether you own a flat in Delhi or farmland in Kerala, your lawyer ensures your will passes smoothly through Indian legal channels.

6. Steps NRIs in Australia Should Take for Effective Estate Planning

Consult an estate planning lawyer with experience in Indian jurisdiction.
List all assets in India and Australia.
Clarify distribution wishes to avoid ambiguity.
Draft dual wills, if necessary—one for each jurisdiction.
Consider creating a trust for high-value or sensitive assets.
Use Power of Attorney for Indian affairs, if you can’t travel.
Review periodically, especially after major life events.

FAQs: Estate Planning for NRIs and OCIs in Australia

1.Can I create a valid Indian will while living in Melbourne?

Yes. Your will must be drafted per Indian laws and attested by two witnesses. Estate planning lawyers in Melbourne will help with document legalisation.

2. Is my Australian will valid in India?

Not necessarily. Indian courts may reject it if it doesn’t meet Indian formalities. It’s safer to create a separate Indian-compliant will.

3. What happens to Indian property if I die intestate?

Indian personal succession laws apply. For Hindus, the Hindu Succession Act governs distribution. This can be time-consuming without a will.

4. Can I appoint someone in India to manage my estate?

Yes. Through a properly notarised Power of Attorney, which must be apostilled or consular-legalised to be valid in India.

5. Are there tax implications when my family inherits Indian property?

While India has no inheritance tax, capital gains tax applies if they sell the property later. Your lawyer will guide you through tax-compliant planning.

Outlook: A Secure Legacy for Indians Across Borders

Estate planning is not just a legal formality—it’s a declaration of your legacy and a safeguard for your family’s future. For NRIs and OCIs living in Australia, working with the right estate planning lawyers in Melbourne ensures that Indian and overseas assets are protected, disputes are avoided, and your family is spared legal complications during emotional times.

At LawCrust, we specialise in serving Indians living abroad with trusted, practical, and efficient estate solutions that span continents.

Conclusion

Managing Indian assets from Australia demands cross-border legal expertise. Estate planning lawyers Melbourne provide NRIs, OCIs, and Indians overseas with comprehensive, customised legal solutions—whether you’re drafting wills, executing trusts, or navigating succession laws. Don’t wait for a crisis to act—plan today for a stress-free tomorrow.

LawCrust: Trusted Legal Experts for NRIs Worldwide

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

How Estate Planning Lawyers Melbourne Help Indians Avoid Property Disputes