14th April, 2026
Many people living in Australia are permanent residents or visa holders. Therefore, Australian citizenship often becomes an important consideration when preparing a valid Will.
The short answer is yes. Permanent residents and non-citizens can make a valid Australian Will.
Who Can Make a Valid Will?
In New South Wales, citizenship does not determine whether a Will is valid. Instead, the law focuses on age, mental capacity and proper signing.
Generally, you can make a Will if you are over 18 years old. You must also understand your assets and intended beneficiaries.
Additionally, you must sign the Will before two adult witnesses. Those witnesses should not receive gifts under your Will.
What Assets Can the Will Cover?
An Australian Will usually covers assets located within Australia. These assets may include bank accounts, shares, jewellery, cars, and real estate.
However, overseas assets often follow the laws of another country. For example, foreign property usually follows that country’s succession laws.
Therefore, one Australian Will may not cover your entire estate. You may need separate Wills for different countries.
Importantly, those Wills should work together without creating conflicts. A solicitor can prepare each document carefully.
International Families Need Extra Planning
Many permanent residents still own assets overseas. Likewise, many non-citizens have beneficiaries living overseas.
Because of this, international estate planning often needs extra attention. Different countries can apply different inheritance rules.
Some countries require certain family members to inherit specific assets. Therefore, an overseas law could override part of your wishes.
Additionally, foreign tax rules may affect your estate or beneficiaries. Australia has no inheritance tax, although other countries sometimes do.
Does Your Executor Need Australian Citizenship?
Your executor does not need Australian citizenship or permanent residency. However, choosing an Australian-based executor often makes estate administration easier as they can access local banks and government offices quickly.
Additionally, an overseas executor may face delays with probate applications. Travel, paperwork and identification requirements often create difficulties.
If your executor lives overseas, extra tax issues may arise. Therefore, many people appoint at least one Australian resident executor. You can also appoint a solicitor, this option often helps complex or international estates.
Why Professional Advice Matters
A simple online Will rarely suits an international estate. Instead, tailored advice can prevent future problems. A solicitor can review your Australian and overseas assets. They can also identify any possible conflicts between different countries.
Further, a solicitor can review your executor choice carefully. They can also recommend separate Wills if necessary. Without proper planning, your family may face delays and extra costs. Therefore, early advice often saves significant stress later.
How We Can Help
Permanent residents and non-citizens can make a valid Will in Australia. However, overseas assets and international families need extra planning.
Our firm can prepare Wills for permanent residents and non-citizens. Castrikum Adams Legal can help with executors, overseas assets and probate throughout Byron Bay and surrounding areas, including, Ballina, Lismore, Suffolk Park, Bangalow, Lennox Head and Mullumbimby.
If you found this blog helpful, please read our other blogs.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.