Vanessa

I know that this is a bit of a morbid question but are the rules of intestacy the same or similar in Australia as they are in the UK?

Married at Christmas - husband has a son of 17. Sold my house and money pooled into one pot. Had wills in UK until our marriage and just done another couple for us. However, does an English Will have any validity in Aus or do we have to do new ones? If it is not valid then we will be there for a time without a Will and in this regard what are the rules of intestacy - a website I can look at would be appreciated if no one knows the answer off hand.

Also are gifts etc between spouses inheritance tax exempt as they are in the UK?


Vanessa

kiwichild

Well: you can make an australian will pack here for around $30 (forms available at local postshop) BUT for your situation I would suggest going to a citizens advice bureau(costs around $20 for 20mins) OR checking out a community legal advice centre (free mainly).

If you want firther info, feel free to PM me if you are coming to Perth. I'll get you come contact details. if you travelling elsewhere in OZ you will need to get help from others:

BUT in the main: a citizens advice bureau or community legal advice centre are the cheapest ways to go.

Hope this helps.

Vanessa

Thanks for the information. We are going to Melbourne so will have to try there.

biggy

we got wills made here in Oz....cost us $200...which reminds me I had better pay for them lol

ProofReader

G'day Vanessa,

Not a morbid question at all ... in fact, a very sensible one!

Regarding wills, I have written a bit about this before. See this thread. There are a few links there which may be of interest to you.

Wills, like marriage, are one of those things which remain 'in place' regardless of where you live (at least within the Commonwealth - before someone starts citing Timbuktuian or Outer Mongolian law at me!! ). Just as your marriage is recognised here, so your wills will be also. These sorts of things are cross-jurisdictional between UK and Australia. I would, however, recommend updating your wills once you've got settled here.

Regarding intestacy, as long as you have a valid UK will as at the date of your demise, you will not die intestate. Yes, the laws of intestacy are similar here as Australian law is based upon UK law.

From the Australian Taxation Office (ATO) - Managing the Affairs of Someone Who Has Died:

There are no death duties in Australia.

However, the Income Tax Assessment Act 1997 does tax certain income or capital transactions that occur as a consequence of a person's death.

The tax consequences are different from the perspective of:

* the deceased person
* the executor, or
* a beneficiary of the deceased estate.

Taxation on 'gifts' depends on the circumstances at the time. If you're referring to 'bequests' to your spouse, the likely answer is that there will be no taxes to be paid, however this does depend entirely on the particular circumstances and is too complicated to answer without knowing exactly what you have in mind. The ATO's site will, no doubt, assist you in this regard.

I am in no way trying to give legal advice here, merely sharing my layman's knowledge on the subject. For specific details pertaining to your individual circumstances, you should seek proper legal advice.

Feel free to ask away or PM me if you would like me to clarify anything.

Cheers,
PR