14 January 2022
Estate planning - Overseas assets and appointments
My client who lives in Australia would like to create an enduring power of attorney appointing family members living in the UK. Can this be done?
Additionally, the client has a will that was prepared in the UK. Are they required to have an Australian will also or can they simply create a new will that applies in both countries?
Thank you.
Thank you for the question.
If the power of attorney is intended to grant power to deal with the client’s assets in the UK, it will need to be drafted in accordance with UK law. If it is intended to have effect in Australia, this can be done, although consideration needs to be given as to whether it is practical for the attorney to manage the client’s affairs from another country.
If the client has assets in two countries, a separate will for each country is required, or an international will made in accordance with the Convention Providing a Uniform Law on the Form of an International Will 1973 may be appropriate.
See By Lawyers Wills (VIC) guide generally. See 101 Succession Answers (VIC) regarding Remote witnessing procedure if drafting a power of attorney under Victorian law.
Regards
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