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Category: Property Law
Satisfied Customers: 1149
Experience:  Expert
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We are resident in Australia with 2 properties in the UK. My

Customer Question

We are resident in Australia with 2 properties in the UK. My wife is very ill & may only last weeks/days. I have recently picked up that there are sometimes questions about application of an Australian will for UK assets & that it's suggested to prepare an additional UK will that should be appropriately worded. Advice appreciated, Alan
JA: Where are you? It matters because laws vary by location.
Customer: Sydney, Australia
JA: What steps have you taken so far?
Customer: I have a basic Australian will, online prepared.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: assets are 2 flats, worth combined say 300-350k gbp with a 100k mortgage. thanks
Submitted: 12 days ago.
Category: Property Law
Expert:  Virtual-mod replied 12 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  MarianC replied 12 days ago.

Good evening, thank you for your question, I am sorry to hear that your wife is so ill. If your Will covers your worldwide assets then it may just be necessary to obtain a UK Grant for the UK properties. If your Will doesn't extend worldwide then it could be the properties would fall under the international intestacy rules so you would not be able to deal with them under your Wills but you would stil need a UK Grant. I would hope that you own them as joint tenants rather than tenants in common so that they default to you without the need for any other process.

If you live in Australia with UK assets then I would not recommend a 'homemade Will'.

Kind regards


Expert:  MarianC replied 11 days ago.

Hello do you need further assistance?

Customer: replied 11 days ago.
many thanks Marian. I will make some checks but we have been married throughout so I expect them to be joint tenancy. I am going to check land register & will original solicitors to confirm. Can you explain a little more on the grant you refer to so that I can look that up & get one prepared? To be clear on the will I used an online will package to prepare a template. For my son - who also died in March of same brain cancer - we spent in total $5.5k with lawyers & ended up with errors on a basic document and having to get stat decs signed post him passing.
Customer: replied 11 days ago.
Hi Marian,
I just received a 'let's talk over the phone'. I am happy to do this but would need to set up a time, its 11pm over here now & I'm in bed! Between 7 - 9 pm Sydney time Mon - Weds this week would work.
Expert:  MarianC replied 11 days ago.

Hi, if the properties are in joint names then you shouldn't need a Grant of probate, but you would not be able to get one until your wife passes away. That is so awful to lose your son.

The phone prompt is by the system so don't worry about it for now.

Customer: replied 11 days ago.
thanks Marian, it's not been a great 2 years. Alan
Expert:  MarianC replied 11 days ago.

Yes, I can see that. We can catch up once you have the land registry information.

Expert:  MarianC replied 9 days ago.

Do you have any further questions at this point?

Customer: replied 8 days ago.
Hi Marian, I think that I am good & will rely on the joint ownership + UK acceptance of Aus will. Many thanks,
Expert:  MarianC replied 8 days ago.

Thank you, ***** ***** always contact me again if you need to.