Australia is home to approximately 1.2 million British-born residents — one of the largest British expat communities in any single country. Many came on skilled migration visas, many followed family, and many retired to the sunshine of Queensland or Western Australia. Whether you hold a permanent residency visa or have taken Australian citizenship, your estate planning needs are substantially different from someone still living in the UK.
The good news: Australia and the UK share a common law tradition, which makes cross-border estate planning more straightforward than in many other countries. The potential surprise: superannuation does not pass under your will, UK Inheritance Tax may still apply if you're UK-domiciled, and Australia's state-based succession laws mean the rules differ depending on which state you live in.
Unlike the UK's relatively unified succession framework, Australia's succession law is administered at the state and territory level. Each state and territory has its own Succession Act (or equivalent legislation):
While the frameworks are broadly similar, there are differences in formal requirements, the treatment of de facto relationships, family provision claims, and intestacy rules. Your will must comply with the law of the state where your main Australian assets (particularly real estate) are located.
Across all Australian states, a valid will generally requires:
This is arguably the most important estate planning point for British expats in Australia. Superannuation (super) does not form part of your estate and cannot be distributed under your will.
Super is held in trust by your fund. On your death, the trustee has discretion to pay the death benefit to your dependants or your estate — unless you have made a Binding Death Benefit Nomination (BDBN). A BDBN instructs the trustee exactly who receives your super, and the trustee must follow it.
LegalWills.co.uk helps British expats in Australia create a valid UK-law will covering their UK assets and worldwide estate — quickly and affordably online.
Create Your UK Will at LegalWills.co.uk →UK Inheritance Tax is charged on the worldwide assets of UK-domiciled individuals. Simply moving to Australia does not change your domicile. You remain UK-domiciled until you acquire an Australian domicile of choice — which requires physical presence in Australia, an intention to remain permanently, and abandonment of your UK domicile.
For many British expats in Australia, particularly those who maintain a UK property, retain UK ties, or are uncertain about long-term plans, UK IHT continues to apply to their worldwide estate. This means your Australian property, super (if paid to your estate), Australian investments, and UK assets are all within scope of UK IHT at 40% above the nil-rate band.
If you do acquire an Australian domicile of choice, UK IHT applies only to your UK-situs assets (UK property, UK investments held directly). Your Australian assets fall outside UK IHT. However, Australia has no estate or inheritance tax of its own, so the overall tax burden may reduce significantly — though capital gains tax on Australian assets remains relevant for your beneficiaries.
When an Australian will is granted probate in Australia, the process goes through the Supreme Court of the relevant state. The executor applies for a Grant of Probate, which authorises them to administer the estate. In most states the process is relatively straightforward for a well-drafted will, typically taking two to six months for uncomplicated estates.
A UK grant of probate can be resealed in Australia under the Administration and Probate legislation of each state. The reseal process is significantly faster than a full Australian probate application, but still requires formal court involvement and takes several months. The most efficient approach for British expats with significant Australian assets is to have both a UK will (for UK assets) and an Australian will (for Australian assets), using the dual-will strategy with limiting language in each.
All Australian states allow certain eligible persons — including spouses, children, de facto partners, and sometimes former spouses — to make a family provision claim (or equivalent) against an estate if they believe they have not been adequately provided for. Courts have significant discretion to vary the distribution of an estate on such a claim.
Unlike formal forced heirship systems, Australian family provision is not a fixed entitlement — the court looks at the relationship, financial need, and the size of the estate. But it is a real risk, particularly in blended families or where a will excludes a dependent child.
ExpatLegalWills helps British expats in Australia keep their UK-law estate planning current and legally valid — even from the other side of the world.
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