WILLS AND OVERSEAS ASSETS

Many will-makers assume that a will made in South Australia is going to be effective to dispose of overseas assets.

That assumption could be incorrect for some foreign jurisdictions. Care should be taken to comply with foreign laws concerning wills to ensure validity. This may require a separate will in the foreign jurisdiction, dealing only with the assets in that jurisdiction. There would, thus, be two wills – "concurrent" wills – a local will to take effect over the local assets and a foreign will to take effect over the foreign assets.

Concurrent wills are vulnerable to the danger of the second of them unintentionally revoking the first.

For example, if a will is made in South Australia on 1 June, expressed to be the last will and revoking all previous wills, and then on 1 July a second will is made in Greece, also expressed to be the last will and revoking all previous wills, the result brought about might have been the accidental revocation of the South Australian will. In that example, it might follow that at the death of the will-maker, there is a valid Greek will capable of passing the Greek assets, but no will, and a consequent intestacy, in South Australia.

Great care needs to be taken with the revocation clauses in concurrent wills. Each concurrent will should be drawn to expressly recognise the existence of the other and to preserve its operation.