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Moving interstate or overseas

A move does not necessarily invalidate an Australian Will, but succession, family-provision, appointment and signing rules are not identical everywhere. Overseas residence or assets can add another legal system.

Moving jurisdiction — a new chapter in life

The legal position

Moving from one Australian state or territory to another does not revoke a valid Will. The law governing administration, family-provision claims and certain assets can nevertheless change. Moving overseas or acquiring foreign property raises choice-of-law questions and can require coordinated Wills in more than one jurisdiction.

What may need attention

01

Applicable law

Your residence, domicile and the location of assets can affect which law applies. Update your address and obtain advice if more than one country is involved.

02

Appointments made under state law

Powers of attorney, guardianship and health documents are jurisdiction-specific and may need review after an interstate move.

03

Signing and storage

Use the execution requirements that apply when you sign and keep the original document accessible to the appropriate executor.

When professional advice matters

Obtain specialist advice when you live, hold assets or have beneficiaries in more than one country. Multiple Wills must be coordinated so one does not unintentionally revoke another.

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Useful official information

Legal Aid NSW: Making a Will ↗Australian Attorney-General's Department: International wills ↗

General information only, not legal, financial, tax or medical advice. The effect of a life event depends on your jurisdiction, documents and circumstances.