Wills and Estate Lawyer Melbourne: A Guide for Indians, NRIs & OCI Cardholders Protecting Their Legacy Across Borders

For Indians, Non-Resident Indians (NRIs), and Overseas Citizens of India (OCI) residing in Australia—particularly in cities like Melbourne, Sydney, Brisbane, Perth, Canberra, Adelaide, and Darwin—estate planning often involves complex cross-border legal challenges. Whether you are managing assets in both India and Australia, planning for generational wealth transfer, or seeking to avoid future disputes, engaging a wills and estate lawyer Melbourne with expertise in Indian and Australian legal frameworks is critical to protecting your legacy.

Why Wills and Estate Lawyer Melbourne Is Crucial for NRIs and Indians in Australia

Estate planning is not just about writing a will. For Indians living abroad, especially those with assets or family in India, it is about ensuring your wishes are respected across two distinct legal systems. Australian law governs local wills and estate matters, while Indian laws such as the Hindu Succession Act (1956), Indian Succession Act (1925), and Muslim Personal Law govern succession in India.

Without proper planning, delays, legal disputes, and inheritance tax burdens can arise. A specialist wills and estates lawyer Melbourne can help NRIs:

Draft wills that are enforceable in both countries.
Structure trusts and legal instruments to protect beneficiaries.
Resolve inheritance disputes and manage probate across jurisdictions.
Navigate complex taxation and succession regulations.

1. Challenges Faced by Indians in Melbourne in Estate Planning

Many Indians and NRIs in Melbourne and other Australian cities face legal hurdles such as:

Drafting Valid Wills: Ensuring the will complies with both Indian and Australian legal standards.
Cross-border Disputes: Disagreements among heirs involving properties and investments across both countries.
Jurisdictional Conflicts: Determining whether Indian or Australian law governs a particular asset.
Complex Probate Procedures: Navigating probate and estate administration in multiple countries.
Inheritance Tax Liabilities: Understanding double taxation risks and minimising burdens for heirs.

2. Services Offered by a Wills and Estate Lawyer Melbourne for NRIs

A specialist estate lawyer offers end-to-end estate planning and legal support customised to the Indian diaspora, including:

Drafting Global Wills

Create a comprehensive estate plan that includes:

A primary will in Australia covering local assets.
A secondary will in India (if needed) for Indian immovable property.
Coordination with Indian legal experts for smooth execution.

Legal Guidance on Indian Succession Laws

Understand how laws such as:

The Hindu Succession Act,
The Indian Succession Act, or
Muslim Personal Law,
affect asset distribution in India, based on religion and asset type.

Cross-Border Probate Assistance

Filing probate in Australia and initiating ancillary proceedings in India.
Collaborating with Indian law firms to manage estate administration.
Simplifying the legal process for beneficiaries across countries.

Trust Formation and Beneficiary Planning

Structuring family trusts to support heirs in India.
Ensuring compliance with both Australian trust laws and Indian regulations.

Taxation & Inheritance Planning

Minimising estate tax liabilities using Double Taxation Avoidance Agreements (DTAA).
Coordinating with tax advisors for compliant and efficient wealth transfer.

3. Real-Life Example

An NRI living in Melbourne owns a home in Australia and inherited farmland in India. They engage a wills and estate lawyer Melbourne who:

Drafts a primary Australian will and advises them to create a secondary will in India.
Explains Hindu Succession implications for their Indian land.
Helps initiate probate in both countries, minimising delays and conflicts.

4. Important Legal Insights for Indians in Melbourne

Cross-Border Jurisdiction

Movable assets (like bank accounts) are usually governed by the law of the deceased’s domicile.
Immovable property (like real estate) is governed by the law of the property’s location.
A dual-approach estate plan is often best for NRIs.

Estate Administration

Estates with Indian assets often require separate probate proceedings in Indian courts.
Engaging a wills and estate lawyer Melbourne with Indian legal associates can streamline the process.

5. Steps to Protect Your Legacy Across Continents

Consult a Cross-Border Legal Expert: Choose a lawyer with knowledge of both Australian and Indian legal systems.
Inventory All Global Assets: List properties, bank accounts, shares, and investments in both countries.
Designate Clear Beneficiaries: Avoid ambiguity that may trigger disputes.
Plan for Succession Laws and Taxes: Use trusts and dual wills where appropriate.
Update Regularly: Review estate documents after major life events or changes in laws.

FAQs: Wills and Estate Planning for Indians and NRIs in Melbourne

Q1: Will my Australian will be accepted in India?

A: Generally, yes. However, Indian probate courts may require additional documentation. For immovable assets in India, it’s advisable to create and register a separate will under Indian law to avoid delays.

Q2: Can my heirs in India face difficulties if I don’t plan properly?

A: Yes. They may face legal challenges and lengthy probate processes. A lawyer can help mitigate these issues through proper documentation and coordination with Indian authorities.

Q3: What is the best way to handle assets in both India and Australia?

A: Dual wills—one for each country—can help. Your lawyer can coordinate them to avoid conflicts and ensure clarity across jurisdictions.

Q4: What taxes might my beneficiaries owe?

A: Australia does not currently have inheritance tax, but Indian laws and other applicable taxes may apply. Consulting an international tax planner is crucial.

Q5: How do I get an heirship certificate in India?

A: While your Australian lawyer cannot issue this, they can assist in preparing documents and liaising with Indian legal partners to obtain one.

Outlook: Securing Your Legacy, Simplifying the Process

Estate planning for Indians abroad isn’t just about legal paperwork—it’s about protecting your loved ones from future legal stress, taxation issues, and delays. Whether you’re an NRI in Melbourne with family in India or an OCI cardholder with assets across continents, a strategic estate plan guided by an experienced wills and estate lawyer Melbourne ensures your legacy endures.

About 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.

Wills and Estate Lawyer Melbourne: Protecting NRIs Legacies