A member asked over 9 years ago

Will

We recently moved to Australia on Permanent Residence visas.  We have three small children and need to have wills drawn up.  Can we use the wills we had done in South Africa, or do we need to have new ones done here in Australia?  What would happen to our children if something  happens to my husband and I?  We have no family here in Australia.  Thank you.

Val Antoff
Lawyer at Irdi Legal

Different ountries have different laws about the drafting and proving of wills. The succession laws are not even uniform across Australia.

If you have assets in more than one country it is advisable that a will is drafted in each country. There are also practical reasons for having wills in each country.

If you have minor children it is very important that you appoint one or more guardians in your wills. You can appoint as guardians your relatives or friends in South Africa. You should firstly ensure that the guardians agree with their appointment.

If you fail to appoint a guardian in your wills the Court will choose a guardian from those who step forward. If no one does, the court will decide where your children will live, and who will make legal decisions for them.


In summary:

  1. It is advisable to make an Australian will ensuring that both, your South African and Australian wills are in harmony and the Australian will doesn't cancel out the South African will. If you don’t have any assets in South Africa you may only need to have a valid Australian will.
  2. Appoint guardians in your will who are willing and able to look after your children in the unfortunate event that you both die.

Suggested way forward

Contact a lawyer specialising in estate planning and seek further legal advice.

Answered over 9 years ago   Legal disclaimer

Mark Lipshutz Sandy  Rizkallah
2 lawyers agree with this answer
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