Updated 23 October 2026
Wills - Potential Problem #28: Overlooking Foreign Assets
Overseas property, bank accounts and investments should be considered when you make a will in New South Wales. An Australian will can potentially cover foreign assets, but its effect depends on its wording, the ownership arrangements and the laws applied in the relevant country. Obtaining probate in Australia does not automatically complete an overseas inheritance.
For families with assets in Greece, the practical task is to coordinate both countries from the beginning. Identify what is owned, check every existing will and establish which documents and procedures are needed. This helps prevent overlooked assets, conflicting instructions and avoidable delays for beneficiaries.
1. Make a complete list of overseas assets
Start with the assets themselves: homes, land, bank accounts, shares, business interests and any inheritance that has not yet been formally transferred. Record the country, address or account details, ownership share, debts and the location of supporting documents. Include contact details for overseas lawyers, accountants and property managers.
Do not assume that a family property belongs entirely to you because relatives refer to it that way. You may own only a share, or an earlier estate may still need attention. Equally, a company's property is different from the shares you own in that company. Establish what actually forms part of your estate before deciding how to distribute it.
Keep the asset list separate from the will so it can be updated, and tell your executor where to find it. NSW Government guidance on wills recommends advice from professionals familiar with the inheritance laws where overseas assets are held.
2. Coordinate Australian and overseas wills
You do not necessarily need a separate will for every country. Depending on the assets and applicable law, advice may favour one will or coordinated wills with carefully defined geographical scope. The important point is that the documents work together.
Show each lawyer every existing will before signing a replacement. A general clause revoking all earlier wills can interfere with a document intended to govern another country. Instructions should also address substitute beneficiaries, suitable executors and what happens if an asset is sold before death. Vague references to “the property overseas” may leave important questions unanswered.
An international will is a particular legal form, not simply a will mentioning foreign property. The Law Society of NSW explains international wills and their limitations. Compliance with signing formalities does not, by itself, settle foreign inheritance entitlements, tax obligations or land registration.
3. Understand what Australian probate can do
A NSW grant of probate authorises the executor to administer the estate under the will. The Supreme Court requires assets in NSW for its probate jurisdiction, and a grant is not necessary in every estate. The need depends on the assets and the requirements of those holding them.
The Supreme Court's probate guidance explains that assets across jurisdictions may require grants in more than one place. Some grants can be recognised through resealing, but this is not a universal process. For Greek assets, establish the local recognition, inheritance and registration requirements rather than assuming that presenting a NSW grant completes the transfer.
Christine on helping families with Greek assets
When I assist families with assets in Australia and Greece, I want the Greek property documents and every existing will on the table early. Obtaining probate here is one part of the work. We also need to understand how the Greek assets are recorded and what the lawyer or notary in Greece needs before the beneficiaries can deal with them.
My advice is to bring the paperwork you have, even if it is old or incomplete. It gives us a starting point for identifying what still needs checking. The Australian application and the Greek requirements should be considered together, so the family understands what remains to be done after probate is granted.
For the Greek side, we can coordinate with Peter Sarlas through CM Lawyers' Greek legal services. Peter is our Greek legal services consultant and the principal of Lysias Legal, practising in both Australia and Greece.
4. Check the law that applies in Greece
Owning land in Greece does not mean every inheritance question is automatically decided under Greek substantive succession law. Greece participates in the EU succession framework, where habitual residence and a valid choice of the law of nationality can be important. The EU's inheritance planning guidance explains these choices and their limits. Australian connections require careful analysis, including which Australian law is relevant.
Greek inheritance law also changed in 2026. The principal succession reforms in Law 5303/2026 generally apply where death occurs on or after 16 September 2026, subject to transitional provisions. AADE's official circular includes the commencement rules. Existing wills and earlier deaths need individual assessment; old summaries of family entitlements or liability for inherited debts may no longer describe the applicable position.
5. Prepare the documents needed overseas
Ask the receiving Greek professional for a document list before ordering copies or translations. Depending on the matter, this may include death and family-status records, the will, a court-authorised copy of the grant, ownership records and a suitable power of attorney.
The NSW Supreme Court can issue an exemplification: a sealed, court-authorised copy of a grant. This differs from an ordinary photocopy. Its copies and access guidance explains the process. Confirm the required format and translation arrangements with the receiving authority.
A DFAT apostille verifies a signature, stamp or seal; it does not determine who inherits or transfer ownership. DFAT explains document legalisation. For our Australian notarial route for a Greek power of attorney, the document is signed before a public notary and receives a DFAT apostille, with any required translation. This route does not require a Greek Consulate appointment.
A real NSW case involving a Greek will
In Estate of Kallidis and Kallidis v Kallidis (2012), Michael Kallidis made a handwritten will in Greece referring to his share of a Greek house and leaving “the remainder” to his children. The NSW proceedings required the Court to decide whether that wording also covered his Australian property.
The Court accepted the document as a valid foreign will. It interpreted the gift as leaving the Greek house share to his wife and the Australian property equally to his seven children. Because the will appointed no executor, letters of administration with the will annexed were appropriate.
The proceedings also involved separate family provision claims, so the will's interpretation was not the whole dispute. The practical lesson is to define each will's scope, coordinate the documents and make suitable executor appointments. This historical judgment does not state the current Greek succession rules.
6. Plan for tax and deadlines
Australia has no inheritance or estate tax, but inherited assets and estate income can still create Australian tax obligations. Greece has its own inheritance tax requirements. Do not assume an Australian tax outcome applies overseas or that choosing a particular succession law settles the tax position.
AADE's inheritance tax guidance identifies filing deadlines and different starting points, including publication of a will. Obtain advice promptly on the applicable deadline, debts and any decision to accept or renounce an inheritance. Keep valuation and acquisition records, and arrange tax advice before selling assets or distributing the estate.
7. Review the plan before the family needs it
The 2021 Census recorded 29,399 NSW residents born in Greece. This is community context, not a count of people owning Greek assets. Overseas estate planning can also matter to Australian-born descendants who inherit property or accounts abroad.
Review your plan after an overseas purchase, inheritance, marriage, separation, relocation or significant legal change. Keep ownership records and wills together, identify who can assist overseas and give your executor clear practical instructions. Contact CM Lawyers to discuss your NSW estate planning and an appointment with Peter Sarlas for Greek property and inheritance matters.
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