Wills and Estates Melbourne: A Complete Legal Guide for Indians Abroad

Managing wills and estates Melbourne can be challenging—especially for Indians, NRIs, and OCI cardholders living across cities like Sydney, Melbourne, Adelaide, Perth, Canberra, Brisbane, and Darwin. With family ties and property often spread between India and Australia, estate planning becomes a complex but critical legal task. This guide simplifies the process and equips you with the knowledge to make confident legal decisions—backed by Indian law but customised for your life in Australia.

Why Wills and Estates Melbourne Matter for Indians Living Abroad

Estate planning ensures your assets are passed on as per your wishes—without legal disputes or delays. As an Indian living in Australia, your estate often spans two legal systems. Here’s why this duality matters:

Cross-border assets: Many NRIs hold properties and bank accounts both in India and Melbourne. Without proper wills, distribution becomes chaotic.
Family in India: Transferring Australian assets to Indian beneficiaries or vice versa is legally tricky without a clearly drafted will.
Jurisdiction mismatch: Indian inheritance laws (e.g., Hindu Succession Act, 1956) differ from Australian estate laws, which are state-specific (Victoria, New South Wales, etc.).
Legal disputes: Without a structured estate plan, family members may challenge asset distribution, especially when it spans borders.

1. Understanding Wills and Estates in Melbourne for NRIs and OCIs

If you’re an Indian-origin resident in Melbourne or other parts of Australia, start with a strong understanding of how wills and estates Melbourne law intersects with Indian legal principles.

Dual Jurisdiction: One Estate, Two Legal Systems

Australian assets must follow state-specific estate laws (e.g., Victorian Wills Act 1997).
Indian assets are governed by the Indian Succession Act, 1925 for Christians, Parsis, and others, or Hindu Succession Act, 1956 for Hindus, Sikhs, Jains, and Buddhists.

Example: An Indian citizen living in Brisbane, owns an apartment in Melbourne and ancestral land in Gujarat. He should ideally draft two separate wills—one for Australian assets (as per Victorian law) and another for Indian assets (as per Indian law).

2. Cross-Border Jurisdiction: Key Legal Issues for Indians in Australia

Validity of Indian Wills in Australia

Indian wills are valid in Australia if they meet formal execution standards. However, you’ll likely need to:

Obtain probate in India
Apply for resealing of probate in Australian courts (e.g., Supreme Court of Victoria)

Validity of Australian Wills in India

If you’ve made a will in Melbourne for Indian property, Indian courts may require:

Probate of Australian will
Succession certificate or ancillary probate in the jurisdiction where the Indian property is locate

Domicile and Law of Succession

The law governing movable assets depends on your domicile. If you’re legally domiciled in India, Indian law applies—even if you reside in Perth or Canberra.

2. Role of Wills and Estate Lawyer Melbourne

Consulting a wills and estate lawyer Melbourne ensures your estate plan:

Complies with local Victorian laws
Reflects your Indian heritage and legal obligations
Avoids conflicts between Indian and Australian legal systems
Accounts for taxation, legal documents, and family dynamics

A competent inheritance lawyer Melbourne will help draft seamless documents for both jurisdictions, often working with Indian legal professionals when necessary.

3. Steps to Secure Your Wills and Estates in Melbourne

Here’s a simple process customised for NRIs and OCIs:

Draft Separate Wills

Prepare two wills—one for India, one for Australia—to avoid cross-jurisdictional confusion.

Choose Reliable Executors

Appoint trustworthy individuals or legal representatives in both countries.

Clarify Beneficiaries

Include complete legal names, relationships, and addresses to prevent disputes.

Get Heirship Certificates (India)

These are required for property claims in India. You can apply through Indian courts or authorise someone via Power of Attorney.

Address Taxation

India has no inheritance tax, but Australia has capital gains tax on inherited assets when sold. Get advice to avoid double taxation and unintended financial liabilities.

Review Regularly

Update your wills after major life events—marriage, divorce, property acquisition, or childbirth.

4. Common Challenges: Real Example

Case Study: Mrs. Iyer, living in Adelaide, passes away leaving behind a will made in India. Her Australian property remains stuck in probate for months due to lack of a local will. Her children in India face legal delays and costs in Melbourne courts. Had she made dual wills, the estate transfer would have been smoother.

FAQs: Wills and Estates Melbourne for NRIs and OCIs

1. Can I write a will in Melbourne for my Indian property?

Yes. You can create a will in Melbourne, but it must follow Indian law. Consider registering it through the Indian Consulate in Melbourne.

2. Do I need a will for assets in both countries?

Absolutely. Separate wills ensure clarity and smoother processing in both jurisdictions.

3. Is my Australian will valid in India?

It may be, but courts in India will require legal validation like probate or succession certificate. A local Indian lawyer must handle this.

4. Do NRIs have to pay inheritance tax in India?

No. But you might have tax obligations in Australia depending on what you inherit and how you use or sell it.

5. How do I get a succession certificate from India while in Melbourne?

You can file through a lawyer in India using a Power of Attorney. Some courts may require your notarised documents via the Indian High Commission.

Outlook: Cross-Border Planning Brings Peace of Mind

Managing wills and estates Melbourne isn’t just about drafting a document—it’s about protecting your legacy across borders. Whether you live in Darwin, Sydney, Canberra, or Melbourne, the best step forward is to consult the best wills and estates lawyers Melbourne who understand your cross-cultural needs.

A well-crafted estate plan:

Respects both Indian and Australian laws
Prevents family disputes
Ensures seamless asset transfer
Provides peace of mind for you and your loved ones

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.

Wills and Estates Melbourne: Legal Planning for Indians Abroad