Indian Expats Planning Their Legacy: Find best wills and estate lawyers in sydney

Indian expats, Non-Resident Indians (NRIs), and Overseas Citizens of India (OCI) cardholders in Sydney must consider planning their wills and estates. This ensures their assets are distributed according to their wishes, both in Australia and India. Planning for the future requires understanding both countries’ legal systems. This article explains how to navigate wills and estate lawyers in Sydney effectively.

Why Wills and Estate Lawyers in Sydney Matter for Indian Expats

Without proper estate planning, Australian laws may govern your assets, which may not align with your intentions or Indian family laws. This can lead to complications and disputes among your loved ones. If an NRI passes away without a will, Australian assets are dealt with under New South Wales (NSW) law, while Indian assets follow Indian succession laws. Indian expats need a Customised approach to handle assets in both countries.

Estate planning lawyers in Sydney can help create a plan that covers both Australian and Indian assets. They may suggest creating separate wills for each country or drafting one will that works in both jurisdictions.

1. Legal Solutions for Wills and Estates Considering Indian Jurisdiction

When creating a will in Sydney, Indian law should guide how your assets in India are handled:

Immovable Property in India: Wills in Sydney might need additional formalities to transfer immovable property in India. You should consult Indian legal professionals or get referrals from lawyers in Sydney.
Movable Property in India: For assets like bank accounts in India, Indian law generally applies. However, a will that clearly addresses these assets will help avoid complications.
Power of Attorney: A Power of Attorney executed in NSW may not be valid in India. You may need a separate power of attorney under Indian law.
Heirship Certificates: If you don’t have a will for Indian assets, Indian courts require an heirship certificate. Sydney lawyers can guide you through this process.

2. Navigating Cross-Border Jurisdiction in Wills and Estates

Cross-border jurisdiction impacts wills and estates for Indian expats:

Multiple Wills: Creating separate wills for your Australian and Indian assets is often the best solution. Estate planning lawyers in Sydney can help coordinate these wills.
Recognition of Foreign Wills: While Australian courts may recognise a foreign will, it’s crucial to ensure the will meets the legal requirements in both countries.
Probate and Administration: Probate in Australia does not automatically grant authority to administer assets in India. You may need to go through Indian courts. A lawyer experienced in international estates will help you with these procedures.
Tax Implications: Estate planning should address potential inheritance or estate taxes in both Australia and India. Tax professionals can offer advice on how to manage taxes in both countries.

3. Steps for Effective Wills and Estate Planning

To plan your wills and estates effectively:

Consult Estate Planning Lawyers: Get advice from lawyers in Sydney who specialise in cross-border estate matters.
Assess Your Assets: List all your assets in Australia and India.
Determine Your Beneficiaries: Identify who will inherit your assets in both countries.
Consider Separate Wills: Discuss with your lawyer whether separate wills for Australian and Indian assets are necessary.
Understand Power of Attorney: Know how to create a valid power of attorney for India.

Frequently Asked Questions for Indian Expats on Wills and Estates in Sydney

Will my Indian will be valid in Australia?

A will executed in India may be valid in Australia, but it’s best to have an Australian will for your Australian assets.

Do I need a separate will for my Indian property if I have a will in Sydney?

Yes, it’s recommended to create a separate will for your Indian assets, drafted according to Indian law.

How do I obtain probate in Sydney for an Indian expat’s will?

Apply to the Supreme Court of NSW with the will and other documents. Estate lawyers in Sydney will guide you through the process.

Can I grant Power of Attorney in Sydney for property matters in India?

Yes, but it must be authenticated by the Indian Consulate in Sydney and registered in India.

What happens to my Australian assets if I die without a will?

The government will distribute your assets according to intestacy laws. This may not match Indian succession laws or your preferences.

Outlook

As the Indian diaspora in Sydney grows, specialised legal advice on wills and estates becomes increasingly important. Estate planning lawyers in Sydney who understand both Australian and Indian laws play a vital role in ensuring your wishes are respected and your legacy is protected.

Conclusion

Planning your wills and estates in Sydney as an Indian expat requires careful consideration of both Australian and Indian legal frameworks. Consulting with experienced estate planning lawyers in Sydney who specialise in cross-border matters will help you create a comprehensive plan. Taking proactive steps will provide peace of mind for you and security for your loved ones.

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 Planning for Indian Expats in Sydney: A Cross-Border Legal Guide