When Your Executor Lives Overseas: What You Need to Know

Choosing an executor is one of the most important decisions when making your Will. But what happens if the person you trust most doesn’t live in Australia? While it’s possible, having an overseas executor can lead to extra costs, delays, and legal hurdles. This blog will unpack the challenges, explain the rules, and give you practical tips so you can make an informed choice.

            When you’re planning your estate, it’s natural to think of the people closest to you — and sometimes that person lives outside Australia. Maybe it’s a sibling, a lifelong friend, or even one of your children who has moved overseas. It feels right to name them, but the law sees things differently.

            An executor’s role is to handle your estate after you pass away. This includes managing paperwork, paying debts, and distributing assets. If your executor lives overseas, here are some of the hurdles they may face:

• Delays – Documents often need to be signed in person, which can slow things down.

• Extra costs – Overseas executors may need to appoint someone in Australia to act on their behalf, adding legal fees.

• Court requirements – Some Australian courts may require a local executor to be appointed alongside an overseas one.

• Banking issues – Australian banks can be cautious about releasing funds to someone living overseas.

• Tax – Your estate could be taxed as a non-resident, or there may be issues claiming a CGT discount. You should certainly speak with your accountant before considering whether to appoint an overseas executor.

            In Victoria (and most of Australia), the Supreme Court must grant “probate” before an executor can step in. If your executor is overseas, the Court may place conditions on the grant or even refuse unless a local co-executor is appointed. This is to ensure the estate is managed smoothly and securely.

            It’s understandable to want someone you trust completely. But estate planning isn’t just about trust — it’s also about practicality. Sometimes, naming a trusted person who lives here in Australia as your executor, with your overseas loved one as a backup or co-executor, strikes the right balance.

            If you’re leaning towards an overseas executor, here are a few steps to consider:

• Appoint a co-executor in Australia.

• Speak with a lawyer to understand the legal requirements.

• Keep your Will up to date in case your chosen executor moves overseas.

• Think carefully about whether convenience might outweigh closeness.

            Appointing an overseas executor is possible, but it can create unnecessary stress for your loved ones at a time when they need clarity, not complications. The safest choice is often someone who can manage the process locally, backed by a Will that reflects your wishes clearly.

            Recap: We’ve looked at why overseas executors can cause delays, add costs, and face legal roadblocks. We’ve also explored practical alternatives like appointing a co-executor in Australia.

            Now it’s your turn: If you’re writing your Will, think about who could best manage things on the ground. This week, review your chosen executor — is it still the most practical choice? Share your thoughts in the comments, or if you’d like tailored advice, we’re here to guide you at HazeLegal.

DISCLAIMER

This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions.

HazeLegal works closely with our sister company, WebWills, to bring you these resources.

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