Writing a Will in Australia: A Complete Guide for Indians and NRIs Finding a Will Lawyer Geelong

For Indians, Overseas Citizens of India (OCI) cardholders, and Non-Resident Indians (NRIs) living in Australia, particularly in cities like Geelong, Melbourne, Sydney, Brisbane, Perth, Adelaide, Canberra, and Darwin, estate planning is an essential part of securing your legacy. Writing a legally sound will is a critical step to ensure your assets are distributed according to your wishes across borders. If you are searching for a will lawyer Geelong, this guide offers Customised insights for individuals with assets in both Australia and India.

Why Estate Planning Matters for Indians in Australia

A valid will is not just a legal document—it’s peace of mind. For Indians and NRIs in Australia, the absence of a proper will means Australian intestacy laws will govern the distribution of your estate. These laws might not reflect your cultural, familial, or religious expectations. Moreover, many Indian families have assets in both countries—ancestral properties in India and homes or investments in Australia—which adds a layer of complexity. A wills and estates lawyer Geelong familiar with both Australian and Indian legal systems can help you navigate this challenge.

1. The Importance of a Will Lawyer Geelong

When choosing a will lawyer Geelong, it’s vital to work with someone who:

Understands Australian estate planning laws, especially those applicable in Victoria.
Is aware of Indian succession laws, particularly the Indian Succession Act, 1925, and personal laws based on religion (e.g., Hindu Succession Act, Muslim Personal Law).
Can navigate cross-border estate issues and collaborate with legal professionals in India if needed.

Such expertise ensures your estate is managed smoothly in both jurisdictions, minimising disputes or delays.

2. Why You Might Need Two Wills (India and Australia)

If you hold assets in both Australia and India, your wills lawyer Geelong may advise preparing two separate wills—one for each jurisdiction. This helps streamline the probate process, avoid legal conflicts, and reduce delays in asset distribution. However, these wills must be carefully drafted to avoid contradictions or the inadvertent revocation of one by the other.

3. Drafting a Will: Key Legal Requirements in Australia

Under Australian law, for a will to be valid, it must:

Be in writing (typed or handwritten).
Be signed by the testator (you) in the presence of two adult witnesses.
Be signed by the witnesses in your presence and in each other’s presence.
Clearly identify the executor (the person who will administer your estate) and the beneficiaries.

These formalities must be met regardless of your country of origin or citizenship. A qualified will lawyer Geelong ensures your document meets these requirements.

4. Understanding Indian Succession Law for NRIs

If you own property or financial assets in India, Indian succession law applies. The key differences between Indian and Australian laws include:

Religious personal laws: Hindus, Muslims, Christians, and others have different succession rules in India.
Testamentary freedom: While both countries allow you to create a will, Indian courts may scrutinise provisions more closely if they contradict personal law.
Probate: In India, probate is required in certain cities for wills dealing with immovable property. Your will lawyer in Australia may work with Indian counterparts to ensure the Indian probate process is smooth.

5. Practical Example: Dual-Asset Scenario

Imagine an NRI in Geelong who owns a home in Victoria and inherited agricultural land in Punjab. A local wills lawyer Geelong will prepare a valid Australian will covering the Victoria property, while collaborating with an Indian lawyer to draft a second will or structure the estate plan to comply with Indian laws. This ensures proper execution and avoids legal delays in both countries.

6. Steps to Creating a Will with a Will Lawyer in Geelong

Inventory Your Assets: List all properties, bank accounts, investments, vehicles, and valuables in both India and Australia.
Choose an Executor: Pick someone trustworthy who understands your wishes and can handle international legal formalities if needed.
Consult a Cross-Border Estate Planning Expert: A will lawyer Geelong with experience in Indian and Australian law will Customise your documents accordingly.
Include Guardianship Clauses: If you have minor children, specify guardianship preferences in your will.
Discuss Tax Implications: Inheritance tax may not apply in Australia, but income from inherited property in India could be taxable.
Regularly Review and Update Your Will: After marriage, divorce, childbirth, or major financial changes, revisit your estate plan. Your lawyer can help make amendments.
Ensure Witnessing and Storage Compliance: Execute the will in accordance with Australian requirements and store copies securely—one in Australia, one with your legal counsel, and one potentially with your Indian family or lawyer.

7. Key Legal Considerations for Indians and NRIs

Language and Translation: If your family in India needs access to your will, it may be useful to provide a translated version (in Hindi or regional languages) for reference, though the official will must be in English for Australian legal purposes.
Digital Wills: Australia does not currently recognise electronic wills, so physical documents are still required.
Revocation of Previous Wills: Ensure any previous wills (especially those made in India) are formally revoked if they’re no longer valid or could conflict with the new documents.

Frequently Asked Questions (FAQs)

Can an Indian lawyer draft my will for Australian assets?

No. Only a lawyer licensed in Australia can draft a legally binding will for Australian assets. However, Indian lawyers can provide guidance for your Indian properties.

Is a will made in India valid in Australia?

It may be recognised, but it must meet Australian legal standards. It’s safer to draft a local will through a wills lawyer in Geelong to avoid complications.

Should I make two separate wills for India and Australia?

Yes, in most cases. This simplifies probate in each jurisdiction and ensures compliance with local laws. Always consult a lawyer experienced in both systems.

What happens if I die without a will in Australia?

Your estate will be distributed according to intestacy laws of the state where you live (e.g., Victoria). This might not match your intentions or religious customs.

Can I include Indian properties in my Australian will?

You can, but it’s usually better to draft a separate Indian will for assets located in India. This avoids complications during probate or enforcement.

Is registration of a will mandatory in India?

No, but it’s recommended for authenticity and to reduce the risk of disputes. Your lawyer in Australia can coordinate with an Indian lawyer to manage this.

Conclusion

Estate planning for Indians, NRIs, and OCIs in Australia demands careful consideration of both Australian and Indian legal frameworks. By consulting a will lawyer Geelong with cross-border expertise, you can ensure your assets are protected, your family’s future is secure, and your wishes are respected in both countries.

Why Choose LawCrust

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.

Trusted Will Lawyers in Geelong for NRIs Seeking Cross-Border Estate Planning