Updated 28 October 2026
CM Law's Ultimate 50 List: Making a Will #35 - How do I handle property in another country in my will?
Can my Australian will deal with assets in Greece?
An Australian will can be drafted to cover Greek assets, but its wording does not guarantee the intended transfer. Formal recognition, the law governing inheritance, protected family rights, Greek tax and local registration must all be considered. Have advisers familiar with both countries review your will and ownership records together.
A Sydney home, an apartment in Athens, a share of village land and a Greek bank account may require different administration steps. Confirm what you legally own before deciding who should inherit it. Family understandings and possession are not substitutes for checking title and account records.
The NSW Government’s overseas-assets guidance recommends advice in the country concerned. The same principle applies to property elsewhere: a clause intended to cover worldwide assets needs to be tested against the relevant local laws.
Which country’s inheritance law applies to my Greek assets?
Greek authorities apply the EU Succession Regulation to relevant international estates. Its general rule looks to habitual residence at death, subject to exceptions, and it permits a qualifying choice of nationality law. Australian residence does not therefore produce a simple answer that every Greek asset passes solely under NSW law.
Under Regulation 650/2012, an Australian citizen may choose Australian law for the succession as a whole; a dual Australian–Greek national may potentially choose either nationality’s law. The choice needs proper drafting, and the relevant Australian state or territory should be identified. The Regulation does not bind Australian courts.
Where Australian law applies through the residence rule, its conflict rules may refer Greek land back to Greek law. A valid nationality-based choice is treated differently. Advisers must assess that interaction rather than assume that signing a will in Sydney selects NSW law for every purpose.
Tax and land-registration requirements remain separate. Ask your advisers to explain the proposed choice and its practical consequences before signing.
Will Greece recognise a will signed in Australia?
An Australian will may be recognised as formally valid in Greece through rules allowing alternative connections, including the place where it was made. Australia and Greece participate in the Hague Convention on the form of wills. Formal validity is only one question; it does not settle inheritance entitlements or transfer property.
The 1961 Hague Convention concerns the form of testamentary dispositions. Your advisers must still check capacity, the will’s effect and the applicable succession law. A properly witnessed Australian will is not automatically ineffective merely because it was not handwritten in Greek.
Preserve the signed original and tell both advisers where it is held. Obtain advice before removing staples, adding handwritten changes or preparing another document that might revoke or alter it.
Do Greek protected family shares still affect my will?
Where Greek inheritance law governs, qualifying relatives may have protected rights despite your will’s wording. Greece reformed those rights in 2026. For deaths on or after 16 September 2026, the reserved share is generally a monetary claim; the applicable law and transitional rules still require careful assessment before confirming a distribution.
Law 5303/2026 introduced the reformed regime. New Civil Code article 1820 protects qualifying descendants, parents and a surviving spouse who would have inherited on intestacy. The claim is generally half the value of that intestate entitlement. In appropriate circumstances, the court can order an asset or share transferred instead of money.
The legislation and commencement provisions also preserve earlier form and capacity rules for wills made before commencement. Older deaths and documents require separate analysis. An intended gift of the whole Greek property to one person should therefore be reviewed against possible family claims and the estate’s available funds.
Should I make separate Australian and Greek wills?
Separate wills can be useful where assets require administration in both countries, but they must be coordinated. One worldwide will may also be appropriate. The decision depends on your assets, applicable law and practical procedures. Every document should clearly identify its scope and preserve any other will intended to remain effective.
A standard clause revoking all earlier wills can defeat the intended arrangement. Give each adviser every existing will, codicil and inheritance agreement before a replacement is prepared. The lawyers should agree which assets each document covers and how any choice-of-law clause operates.
Check the treatment of the remaining estate, substitute beneficiaries, executor powers and translations. A separate Greek will should not inadvertently leave Australian assets undisposed of, while an updated Australian will should not unintentionally cancel the Greek document.
Does NSW probate transfer Greek property automatically?
A NSW probate grant does not itself transfer registered Greek property. The Greek adviser must establish which documents and local procedures are required, including any publication, inheritance documentation, tax filings and registration. The Australian executor’s appointment should be checked against the authority needed to act in Greece for the particular assets.
The Supreme Court of NSW recognises that overseas assets can require additional local processes. Greece introduced a digital wills-publication system from November 2025; older court-only descriptions may no longer fit the estate.
Ask the receiving authority which original or certified documents it needs. Apostilles authenticate origin and signatures; they do not establish that every gift is legally effective. Confirm authentication requirements before arranging an official Greek translation.
For land, the Greek lawyer or notary should identify the appropriate inheritance instrument and Cadastre registration. Keep confirmation of registration, rather than assuming completion of the Australian estate finalises the Greek title.
Will Greek inheritance tax apply if I live in Australia?
Greek inheritance tax can apply to assets in Greece even when the deceased or beneficiary lives in Australia. Liability depends on the inherited net value, family relationship and applicable exemptions. Australia’s absence of inheritance tax does not remove Greek tax obligations or later Australian tax consequences connected with income or asset disposals.
AADE’s guidance states that inheritance-tax returns are generally due within nine months for domestic cases, or one year where death occurred abroad or heirs resided abroad. For testamentary heirs, the period normally starts with publication of the will. Have the exact trigger and exceptions checked promptly.
The ATO confirms Australia has no inheritance tax, but estate income may require reporting. Obtain coordinated tax advice before transferring or selling assets. Do not assume every foreign tax payment qualifies for an Australian credit, or that tax filing can wait until title transfer is ready.
What happened when Greek wills displaced a NSW will?
In Katramados v Hasapis [2018] NSWSC 948, later wills made in Greece displaced an earlier NSW will. Although the final Greek will dealt with specified Greek properties, the remaining estate was left on intestacy. The case shows why Australian and Greek documents must be read and drafted together with care.
The deceased had made a NSW will in 2006 and several later handwritten wills in Greece. Probate of the NSW will was initially obtained without knowledge of those documents. Their revocation provisions and interaction changed how the estate would pass; the subsequent proceedings included revocation of the NSW grant, as recorded in the later judgment.
The death occurred in 2014, before the EU Regulation’s principal application date and the 2026 Greek reforms. The case illustrates coordination and revocation risks, rather than today’s Greek entitlement rules. Give both advisers every will and ensure your executor knows that documents and assets exist overseas.
What should I prepare for an Australian–Greek estate review?
Prepare a complete asset list, every existing will, citizenship and residence details, and evidence of ownership in both countries. Include your Greek tax number and information about dependants, debts and earlier inheritances. Have the lawyers confirm the intended beneficiaries, document requirements and responsibilities for each country before you finalise the plan.
- Gather deeds, property locations, co-ownership details and any rights to use property that differ from full ownership.
- Collect Greek bank records, your AFM tax number, property-tax records and details of any unresolved earlier inheritance.
- Record family names consistently across Greek and Australian documents, including spelling differences.
- Ask for prompt advice on acceptance, renunciation, liabilities and deadlines when administering an existing estate.
CM Lawyers’ wills and estates team can coordinate the Australian planning with its Greek legal services, including consultant Peter Sarlas, who practises in both countries. Arrange a review with both sets of documents before changing either will.
General information for NSW residents with overseas assets. Always have your wills and proposed arrangements checked by lawyers qualified in the relevant jurisdictions, with tax advice for your circumstances.
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