Hi there. A will is a very important document for a person to prepare, as it determines how their property and assets will be dealt with after their death. It is important to ensure a will is properly prepared and executed.

There are a number of ways your grandmother could prepare her will. New laws in Australia now make it possible for a person to execute an ‘international will’. This is a type of will that is recognised internationally, as such wills must be prepared and executed in a uniform way. As this is a relatively new law, there are only currently approximately 20 countries that recognise ‘international wills’. More countries may adopt the new law in the future.

If your grandmother lives in a country that recognises an international will, then she could execute one will that deals with her assets in both her country of residence as well as her assets in Australia. However, if her country of residence does not recognise international wills, then she would need to consider other options.

As a general rule, Victorian law recognises wills that have been prepared in another country, provided the will has been properly executed in accordance with the local laws of that foreign country. This means that your grandmother could prepare a single will in her country of residence dealing with all her assets, and it would be recognised in Australia. However, this is subject to any local laws of her country of residence that may prohibit a person’s will from dealing with assets in another country (such as Australia). You would need to consult a local lawyer in your grandmother’s country of residence for further advice.

Another option is for your grandmother to execute two separate wills: one in her country of residence and one in Australia. However, she would need to ensure that the wills do not contradict each other. The wills would also need to be compatible under private international law.