Wills & Estates

Enforcing Your South African Will in Australia

Once arriving in Australia, it is important to ensure that your Will is enforceable under Australian law. Australian courts will generally be fair in giving effect to foreign Wills, but they must follow the Australian law, which might mean that the deceased's wishes are not properly met. It is absolutely essential that you ensure that your last wishes are adapted to suit the Australian legal system once you have arrived in Australia. 

Although Wills that have been properly made in almost any country will generally be valid in Australia, your family will have to go through the lengthy process of proving to the Supreme Court that it is valid in your home country. This process is called probate and it can be a very time consuming and costly exercise. 

Adapting or Revising Your Will

Pathway provides comprehensive and cost-effective Wills advice to ensure that your family, property and personal assets are well protected in Australia. Adapting or revising your Will as soon as possible after your arrival protects your loved ones, potentially saving them months, or even years, of waiting for the administration of your estate to be finalised. The process of adapting or revising your Will is neither lengthy, nor expensive, and will help ensure that the administration of your estate is as stress-free as possible for your friends and family.

Pathway's Australian legal qualifications, together with our ongoing knowledge of your personal circumstances, mean that we are best placed to adapt your current Will, or draw a new Will, that will ensure that your estate will be distributed as you desire. Contact our friendly team for assistance now.