ESTATE PLANNING | Do you own assets outside Australia?
Australia is a land of migrants. Are you one in four Australians who were born overseas? Have you, or do you expect to, inherit overseas assets? Or have you acquired assets overseas?
Why is it a concern?
An estate that includes foreign assets can cause the deceased's family further pain and even nasty surprises. The difficulties arise because every country has its own rules about which laws should apply. The starting point for any estate with foreign assets is to establish the appropriate principles of the "international private law".
In Australia, and, for example, also in Switzerland, France and Belgium, the applicable law is determined by the nature of the assets.
In Australia, the applicable law for movable assets (such as bank accounts and shares) is the law of the deceased's domicile — you need to ask: "Where did the person have his/her home?" In relation to immovable assets (such as real estate and interest in real properties) the applicable law is the law of the country where the property is.
In other countries, such as Germany and Italy, the rules don't divide the estate into movable and immovable assets but rather it's the deceased's citizenship at the date of his/her death that determines the applicable law for all the estate.
Another concern that may cause your family grief is tax. Unlike Australia where no death duties or inheritance tax applies, in countries like the United States, Britain, France and Germany (to name a few), inheritance tax is payable which may not only be charged over the assets within the country but on the worldwide assets owned by the deceased.
What should I do?
It's important to remember: Never assume! It's too easy to assume the succession rules and tax law most known to you are the ones that'll apply. It's important that you get advice from lawyers specialised in estate planning in these circumstances who can help you put a proper estate plan in place to benefit your family.
KJB’s Estate-Planning Team can help. Contact Kerstin Glomb, kerstin@kjblaw.com.au or (02) 6281 0999.
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