Wills Lawyers Melbourne: Helping Indians Abroad Plan Inheritance and Estate Matters

For Indians, NRIs, and OCI cardholders living in Melbourne, as well as in cities like Sydney, Adelaide, Perth, Canberra, Brisbane, and Darwin, estate planning is more than a formality—it is a necessity. Managing assets across India and Australia presents legal complexities, especially regarding inheritance and succession. Experienced wills lawyers Melbourne provide vital cross-border legal solutions.

These professionals help ensure that your assets—whether in India or Australia—are transferred seamlessly to your loved ones. With proper support from wills and estate lawyers Melbourne, you can resolve jurisdictional conflicts, understand tax liabilities, and prepare enforceable wills under both Indian and Australian legal systems.

Wills Lawyers Melbourne: Essential Estate Planning Support for NRIs and OCIs in Australia

Customised Legal Advice for Indians Abroad

Whether you hold an Indian passport or an OCI card, you must plan your estate with care. Indian laws like the Indian Succession Act, 1925 and Hindu Succession Act, 1956 govern inheritance. However, if you reside in Australia, your assets may also fall under local probate laws. This dual legal framework can complicate inheritance proceedings if not addressed early.

Wills lawyers Melbourne who specialise in cross-border inheritance help you meet Indian legal requirements while ensuring the will is also enforceable in Australia.

Example: Cross-Border Inheritance Done Right

Mr. Sharma, an OCI cardholder in Melbourne, owns real estate in Delhi and investments in India. He consulted estate planning lawyers Melbourne, who drafted an Indian-law-compliant will that also considered Australian recognition. This approach ensured a legally sound transfer of assets, preventing potential disputes.

1. Common Estate Planning Issues Faced by NRIs and OCIs

Conflicting Jurisdictions

Wills drafted in Australia may not automatically be valid in India. You may need either a separate Indian-compliant will or attestation and registration of your Australian will in India. Wills lawyers Melbourne advise on the best approach.

Intestate Succession (No Will)

If you pass away without a will, your Indian assets are distributed under religious laws such as the Hindu Succession Act. This can lead to prolonged legal battles. Drafting a valid will helps prevent such outcomes.

Recognition and Validity

Even a legally drafted will may require notarisation or attestation to be valid across jurisdictions. Dual legal compliance is critical.

2. How Wills and Estate Lawyers Melbourne Help NRIs

Drafting Indian-Compliant Wills

These lawyers prepare wills suited for Indian law and Australian law, ensuring assets in both countries are covered. Your domicile status also determines which succession laws apply, and your lawyer can advise accordingly.

Navigating Probate and Succession Certificates

If your will includes Indian properties, your representative must apply for probate or a succession certificate in an Indian court. Wills lawyers Melbourne coordinate with Indian lawyers to manage this process.

Minimising Tax Liabilities

India does not currently impose inheritance tax, but Australia applies capital gains tax on inherited assets. Estate planning lawyers Melbourne help structure your assets to minimise tax liabilities using double taxation agreements.

3. Key Legal Documents NRIs Should Prepare

Will for Indian Assets
Will for Australian or Global Assets
Power of Attorney (POA) for Indian Legal Affairs
Succession Certificate Plan
Legal Heirship Documentation

4. Role of Family Law Firms in Melbourne

Disputes over inheritance, property ownership, or will execution often arise in NRI families. Family law firms in Melbourne provide litigation support, cross-border legal coordination, and representation to resolve these matters efficiently.

5. Cities Where Indians and NRIs Commonly Seek Estate Legal Help

Whether you’re in Melbourne, Sydney, Brisbane, Perth, Adelaide, Canberra, or Darwin, wills lawyers Melbourne offer services customised to the needs of Indians abroad. These professionals understand both Indian and Australian legal systems and provide practical, legally valid estate planning solutions.

Frequently Asked Questions (FAQs)

1. Can I use an Australian will to inherit property in India?

Yes, but it must comply with Indian legal requirements. Wills lawyers Melbourne ensure it’s properly attested and potentially registered in India.

2. What happens if I die without a will and own Indian assets?

Your estate is divided based on Indian succession laws. This process can be delayed and contested. Drafting a will with estate planning lawyers Melbourne is advised.

3. As an OCI, what are the legal requirements for drafting a will?

OCI cardholders are treated as NRIs in inheritance matters. A properly drafted Indian-law-compliant will is essential, and wills lawyers Melbourne can assist.

4. Can my will be challenged in India if it’s made overseas?

Yes, especially if not executed per Indian standards. Wills and estate lawyers Melbourne ensure your will is defensible under both legal systems.

5. Do I need probate if I nominated heirs for Indian bank accounts?

Yes. Nominations do not override legal heirship under Indian law. Probate ensures a clear and lawful transfer.

Outlook: Secure Your Legacy with Confidence

Estate planning ensures your family’s future is protected and your legacy is preserved. If you’re an Indian or NRI in Australia, aligning your estate plan with Indian and Australian law is crucial. Wills lawyers Melbourne help bridge legal systems, giving you clarity and peace of mind.

Conclusion

Indians, NRIs, and OCIs living in Australia face unique challenges in estate planning. By working with experienced wills lawyers Melbourne, you can draft legally compliant wills, navigate probate requirements, and resolve cross-border legal issues. This proactive approach prevents future disputes and ensures that your family is legally protected.

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 Lawyers Melbourne: Expert Legal Help for NRIs and OCIs