QLD Validity of Wills whilst living in different states/overseas

[On-the-Go]

Can you please advise of the validity of Wills while living in a different state or overseas from where the Will was originally prepared.
For example. We had a Will prepared in Victoria 2 years ago as we were working there at the time. Subsequent to this we have been living overseas in Germany due to work. It is expected we will return to Australia in 2020. We own property in Queensland which is considered our primary residence. When we return in 2020, we have not decided whether we will return to VIC or QLD (it will be based on job opportunities). The Will itself is not complex, we do not have any business interests, dependents etc.

(i) Can you please confirm that our current Wills are still valid while living overseas. (ii) we need to make minor amendments to the Will (ie one beneficiary has passed away recently, investment property sold) - can we do this using a Codicil? (iii) if we need to prepare a new Will, what considerations do we need to take into consideration due to the above living situations.

Thanks.

 

[Perp]

You generally need a will for each location in which you hold assets, so you should have both a German will and an Australian will, and the German will would cover distribution of the assets you have in Germany, and the Australian will would cover those assets that are in Australia.

Wills made in different states are valid in other states, certainly, but inheritance laws vary from state to state, so if you decide to permanently relocate to a different state, then it's wise to have a new will made in that state, which takes into account jurisdiction-specific advice. Using a will made in one state, in another state, may have unintended consequences due to differing laws.

But if you made a will in Victoria and die in Queensland, the will is still valid and will be probated in Queensland, yes.