Wills and Estate Lawyers Perth Helping Indian Families Plan Legacies

For Indian citizens, OCI cardholders, and NRIs living in Australia, especially in cities like Perth, Sydney, Melbourne, Adelaide, Brisbane, Canberra, and Darwin, estate planning is not just a legal necessity—it’s a way of preserving your family legacy. With assets spread across India and Australia, families must ensure their wills comply with the laws of both countries. This is where experienced wills and estate lawyers Perth play an essential role, offering personalised solutions that honour your cultural values, legal needs, and global presence.

Why Indian Families Need Specialised Wills and Estate Lawyers Perth

Many Indian families residing in Australia hold dual or multiple assets—bank accounts in Perth, land in Punjab, gold in Hyderabad, and ancestral homes in Delhi or Chennai. Without a properly structured legal will in Perth, distributing these assets can become complicated, delayed, and emotionally stressful for heirs.

Let’s take the case of Mr. Sharma, an OCI cardholder living in Perth, who owns property in both Mumbai and Perth. If he passes away without a valid cross-border estate plan, his family could face multiple legal proceedings—probate in Australia and a succession certificate or court order in India. A skilled will lawyer Perth can draft a will that complies with Australian succession law and considers Indian inheritance laws, streamlining the inheritance process.

1. Creating a Legal Will Perth: Protecting Generations Across Borders

A legal will in Perth is more than just a document—it’s a declaration of how you want your wealth, property, and responsibilities to be handled after your passing. For Indian families abroad, it also serves as a bridge between two legal systems.

Under Section 63 of the Indian Succession Act, 1925, a will must be signed by the testator and attested by at least two witnesses. However, in Western Australia, wills must comply with the Wills Act 1970 (WA). Therefore, your wills and estate lawyers Perth must ensure the will satisfies both frameworks where necessary.

This is where the experience of LawCrust stands out. We help Indian-origin individuals prepare dual-jurisdiction wills and even separate wills for Indian and Australian assets when appropriate, based on family structure, tax implications, and property laws.

2. Perth Legal Services: Navigating Cross-Border Jurisdiction Complexities

If you reside in Brisbane, Canberra, or Melbourne and hold property in India, a will drafted solely under Australian law might not be enforceable in India. This often leads to further legal steps such as applying for probate or letters of administration in Indian courts.

Some common cross-border legal issues include:

Inheritance disputes between family members residing in India and abroad
Legal validation of Australian wills in Indian courts
Restrictions on OCI holders inheriting agricultural or rural land
Compliance with the Foreign Exchange Management Act (FEMA) and property transfer norms in India

For instance, Mrs. Verma, an Indian citizen in Brisbane, inherited property in Chennai. Her will lawyer in Perth at LawCrust advised her to structure her estate to comply with Indian law and included Indian witnesses, making the legal transfer seamless.

3. Steps Indian Families in Perth Must Take for Estate Planning

If you are of Indian origin and reside in Australia, these steps will ensure your estate plan is secure and legally valid:

Consult Wills and Estate Lawyers Perth: Choose lawyers with cross-border legal experience.
Disclose All Assets: Include properties and investments in India and Australia.
List All Beneficiaries: Clearly mention names, relationships, and shares.
Comply with Legal Requirements: Draft wills that satisfy the requirements of both Indian and Australian law.
Draft or Review Your Will: Ensure clarity, avoid ambiguity, and reflect your true intentions.
Update Regularly: Life events—marriage, childbirth, purchase of property—require updates.

4. How Wills and Estate Lawyers Perth Help NRIs and OCIs

LawCrust’s wills and estate lawyers in Perth offer:

Drafting legally valid wills across jurisdictions
Estate administration and probate in India and Australia
Tax-efficient succession planning
Trust creation and management for minor children or disabled dependents
Litigation support in case of inheritance disputes

Whether you’re in Sydney or Darwin, our lawyers ensure your wishes are upheld and your heirs are protected—without unnecessary delays or confusion.

5. Common Challenges in Estate Planning for Indian Families Abroad

Estate planning isn’t without obstacles. Some common issues include:

Multiple heirs in different countries
Indian documents not being accepted in Australian legal proceedings
Complications over agricultural land inheritance by OCI holders
Tax implications or legal hurdles in fund transfers between countries

Experienced will lawyers Perth can help you proactively address these challenges, often through strategic structuring, including mirror wills, joint wills, or inter vivos trusts.

FAQs – Wills and Estate Planning for NRIs and OCIs

1. Can I use the same will for India and Australia?

You can, but it’s not ideal. A separate legal will Perth for your Australian assets and another for Indian assets avoids delays and legal hurdles.

2. Is a will made in Australia valid in India?

Yes, but it must meet the Indian Succession Act, 1925 criteria and may need probate in Indian courts. A Perth-based will lawyer can guide you.

3. Can OCI cardholders inherit property in India?

Yes—OCI holders can inherit residential and commercial property but cannot inherit agricultural land, farmhouses, or plantations.

4. What if I die without a will in Australia?

Your assets will be distributed under Australian intestacy laws, which may not align with your intentions or Indian succession customs.

5. How do I ensure my Indian property goes to the right person?

Draft a clear will and appoint an Indian executor. LawCrust’s wills and estate lawyers Perth can assist in coordinating with Indian legal systems.

Outlook: Secure Your Family’s Legacy with Confidence

Estate planning isn’t just about assets—it’s about peace of mind. For Indian families living in Australia, the support of experienced wills and estate lawyers Perth makes all the difference. Whether you’re planning your first will, updating it after a life event, or dealing with a cross-border estate dispute, LawCrust is here to help.

From legal will Perth drafting to full-service probate support in India, we offer the clarity, competence, and cultural understanding you need.

Conclusion

A well-drafted will is one of the most valuable gifts you can leave for your loved ones. By working with specialised wills and estate lawyers Perth, Indian families ensure their legacy is protected across borders. Let LawCrust guide you through this journey—because your legacy deserves precision, empathy, and cross-jurisdictional expertise.

About LawCrust Legal Consulting

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 Wills and Estate Lawyers Perth Help Indian Expats Safeguard Their Legacies