Australian Probate

Posted by Phoenix7 (30 days ago)

I need to make a will. Is Australian probate recognised in HK. I don't know whether to have my will made in Australia to include my Hong Kong assets - just house contents and bank accounts, or in Hong Kong to include my Australian assets - real estate, shares, super. Any advice from those in the know?

(I am based in Hong Kong)

Posted by associates (30 days ago)

Yes, Australian probate is recognised in HK. The executor /solicitor will have to submit the Australian 'Letters of Probate ' to the Probate Registry in Hong Kong for a process know as " resealing " .

Instead of preparing one will covering all of your assets, a more effective way is to prepare two wills - one covering Hong Kong assets and the other covering assets OUTSIDE of Hong Kong (including Australian assets ) . The process of obtaining a grant of probate from the Probate Registry takes considerable time (counted in months and years NOT days!!)....this is certainly true in Hong Kong and the situation in Australia is similar . The Court will only make a grant after inspecting the original will and a host of related docuemts . Therefore, if you have one will only, your executor will need to first obtain a grant from one jurisdiction and have the grant resealed (or obtaining a fresh grant) in another jurisdiction. That will lengthen the process and delay the administration of assets. The benefit of having two wills is that your executor can submit the Hong Kong will to the Hong Kong Court and the Australian will to a the Australian Court simultaneously. By doing so, assets in various jurisdictions can be administered more expediently.

Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
Theatre Lane
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
email : weirlaw@hongkonglaw.com
www.HongKongLaw.com/weirlaw

(I am based in Hong Kong)

Posted by Phoenix7 (19 days ago)

Thanks 'associates', for your response. Your advise is much appreciated!

(I am based in Hong Kong)