Updated 4 November 2026
CM Law's Ultimate List: The top 50 FAQs on Administration of Estates #47: Address Foreign Assets
An overseas bank account, property or investment can add another legal system to a NSW estate administration. The executor needs to establish authority, protect the asset and understand the applicable succession and tax requirements before transferring it. A NSW grant is an important starting point, but it does not automatically unlock assets in every country.
Why do foreign assets require additional planning?
An executor may need to satisfy more than one country’s rules about authority, succession, ownership, tax and transfers. Documents accepted in NSW may require additional steps overseas. Identify the countries and assets early, then obtain coordinated advice instead of assuming the NSW administration process applies unchanged everywhere.
The NSW executor guide outlines the basic responsibilities of collecting assets and paying liabilities. Overseas assets add questions about who can act locally and which procedures apply. Start those enquiries while the NSW work proceeds; waiting until the proposed final distribution can expose avoidable gaps.
How should overseas assets be identified and recorded?
Prepare an inventory showing each asset, its location, legal owner, approximate value and supporting documents. Include debts, security interests and income connected with it. Distinguish personally owned property from company, trust or jointly held assets, and do not assume a relative’s description establishes the deceased’s legal ownership.
Obtain relevant title documents, bank statements, investment records and agreements through authorised channels. Record local currency values and the exchange rate used for Australian reporting. The Court’s accounts guidance reinforces the need for proper records, which remain important when different advisers handle separate parts of the estate.
Does a NSW grant give automatic access to foreign assets?
No. A NSW grant does not automatically authorise an executor to deal with assets in another country. The foreign authority or institution may require recognition of the grant, a local grant or another process. Ask local advisers and asset holders what authority is required before committing to a transaction.
The Supreme Court’s probate guidance concerns grants for NSW assets. A foreign bank’s small-estate procedure may differ from the requirements for transferring land. Obtain the requirements in writing, including any original-document rules, rather than assuming the procedure used for one asset applies to all others.
How is resealing a foreign grant in NSW different?
Resealing is a NSW process for recognising an eligible grant made elsewhere so the representative can deal with NSW assets. It is different from using a NSW grant overseas. Only specified jurisdictions qualify; membership of the Commonwealth alone does not establish eligibility, and another NSW application may be necessary.
The Court’s resealing guide explains eligibility under section 107 of the Probate and Administration Act. It identifies grants from the United Kingdom and New Zealand as examples, while recent Indian grants are not eligible. Check the actual jurisdiction, grant and date before selecting the application.
What if there is more than one will?
Locate every relevant will and codicil and obtain advice on their validity, scope and interaction. One will may deal only with particular countries, while another may contain a broad revocation clause. Do not assume the newest document replaces everything, or that separately signed wills necessarily operate together.
Give both NSW and overseas advisers complete copies, translations and the chronology of execution. Identify any existing foreign probate proceedings. The Blashild decision discussed below illustrates why competing Australian and overseas testamentary arrangements can affect the administration even where some local legacies are already clear.
Which country’s succession rules should be considered?
The answer depends on the asset and the applicable rules about jurisdiction and choice of law. Residence, domicile, citizenship and the location of property are distinct considerations. Obtain advice about any mandatory inheritance rights or restrictions rather than assuming NSW law controls solely because the executor lives here.
Ask advisers to identify the legal basis for their conclusions and any unresolved conflict between systems. A rule about who inherits is different from a procedure authorising a representative to transfer title. Keep those questions separate when explaining the position to beneficiaries or a foreign institution.
Will documents need translation, certification or an apostille?
Possibly. The receiving court, registry or institution determines what documents and format it requires. Ask whether certified copies, translations, notarisation, an apostille or another form of legalisation is needed. An apostille authenticates a public document’s origin; it does not itself decide who inherits or guarantee recognition of a will.
The Attorney-General’s Department guidance recommends checking with the overseas recipient first. DFAT handles Australian apostilles and legalisation for use abroad. Confirm requirements before paying for multiple versions, and retain a record of what was issued, sent and accepted so the documents remain traceable.
How should overseas property be protected while administration continues?
Check insurance, security, maintenance, mortgage obligations, local charges and any tenancy arrangements. Confirm who has authority to manage the property and collect rent while the necessary grant or recognition is obtained. An overseas location does not remove the need to preserve estate assets and account for income and expenditure.
Use properly authorised local assistance where necessary, with a clear scope and reporting arrangements. Obtain advice before ending a tenancy, selling or changing title. Preserve rental statements and invoices, and distinguish essential preservation work from improvements or transactions that require further authority or beneficiary consultation.
How should NSW and overseas advisers work together?
Agree who will coordinate the matter, which adviser handles each jurisdiction and what information must be shared. Request written scopes, cost estimates and updates on uncertainties. Keep beneficiaries informed about the actual steps and dependencies, without promising that foreign procedures will finish within a fixed or universal timeframe.
Maintain a single chronology of applications, requests and outstanding tasks. Check whether a quoted cost includes translations, taxes, court charges and local agents. Review estimates as the matter develops; the original asset value alone is not a reliable guide to the cost of administering it.
What tax questions should be raised?
Seek advice about the deceased’s outstanding returns, estate income, asset sales and proposed distributions in each relevant country. Tax residence, the asset type and the beneficiary’s position may matter. Do not assume that an inheritance, overseas transfer or payment of foreign tax removes every possible Australian tax obligation.
The NSW executor tax guide distinguishes the deceased’s returns, estate income and beneficiary obligations. Ask advisers to identify foreign reporting requirements, any available relief and records needed for Australian tax calculations. Keep adequate funds for assessed or reasonably anticipated liabilities before distributing the estate’s remaining cash.
How should currency conversion and international payments be managed?
Compare the total amount the recipient will receive, taking account of exchange rates, transfer fees and receiving-bank charges. Verify the recipient and account details through a trusted channel. Record the transaction and its purpose, and obtain appropriate advice rather than delaying estate payments simply to speculate on currency movements.
ASIC MoneySmart’s overseas-transfer guidance explains why a fee-free advertisement may not mean the lowest overall cost. Confirm payment limits and processing times, and check any required identity or source-of-funds documents. Preserve conversion records so beneficiaries and accountants can reconcile the foreign amount with the estate accounts.
Can part of the estate be distributed before overseas work finishes?
An interim distribution may be possible, but it requires a considered assessment of entitlements, claims, tax and remaining administration costs. Keep an adequate reserve and review uncertainties realistically. Beneficiary pressure or the existence of cash is not enough to establish that a proposed payment is safe or properly authorised.
Obtain advice on the proposed amount and protections, including whether judicial advice is appropriate. Undertakings or indemnities require careful assessment, particularly where enforcement overseas may be difficult. Avoid treating a standard percentage as suitable for every estate or retaining everything indefinitely without reviewing the actual position.
What does a real NSW case show about overseas uncertainty?
In Schneider Re Estate Blashild [2009] NSWSC 566, executors faced Israeli litigation concerning an estate with Australian and overseas assets. The NSW Supreme Court advised that an interim payment of half the relevant legacies, with interest, would be justified subject to specified undertakings and a beneficiary-notification process.
On 19 June 2009, Ward J considered uncertain future costs and protections for the estate. The advice included repayment undertakings and additional protections concerning overseas assets. This was a case-specific application under section 63 of the Trustee Act, not permission for every executor to distribute half an estate or a determination of foreign succession rights.
Do NSW notices and deadlines resolve overseas claims?
Do not assume a NSW notice or expired NSW period extinguishes rights under another country’s law. Ask advisers to identify the relevant deadlines, claims and required notices separately. Any proposed distribution should account for known disputes and the limits of available protection in each jurisdiction involved in the administration.
The Court’s intended-distribution notice guidance explains conditional NSW protections; publication is not mandatory in every estate and does not create universal immunity. Keep a shared deadline register and seek prompt advice if proceedings begin, a foreign asset is disputed or an institution refuses to recognise the representative.
What practical plan should an executor put in place?
Our recommendation is to prepare an asset-by-asset plan recording ownership, required authority, local advisers, tax work, preservation tasks and proposed timing. Update it when new information arrives. Before distributing, reconcile the accounts and reserves and confirm which overseas issues remain unresolved and who is responsible for addressing them.
For help coordinating estate administration in NSW, contact Christine Manolakos and CM Lawyers on (02) 9557 9000 or lawyers@cmlaw.com.au. Bring the wills, grants, overseas asset records and correspondence so the advice can address the specific jurisdictions and transactions involved.
This article provides general information about NSW estate administration involving foreign assets. Obtain advice in the relevant jurisdictions about authority, succession, tax and any proposed distribution.
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