When a non-Australian resident or someone living overseas dies owning property or bank accounts in Queensland, their executor faces the challenge of administering an international estate. Even if probate is granted abroad, it may not automatically extend to Queensland assets.
This guide explores how overseas wills or grants are recognised (or resealed) in Queensland, why local probate might be required, and practical steps to avoid cross-border confusion when dealing with QLD assets.
Why International Estates Are More Complex
An overseas testator may have:
- Real property in Queensland,
- Bank accounts or share investments registered in Australia,
- Possibly existing probate from their home country.
However, Queensland laws and financial institutions typically demand local recognition—either by resealing a foreign grant if permissible, or requiring a fresh probate application if that’s the only valid route¹.
“One cannot assume a US or UK probate covers QLD property. Each jurisdiction needs to confirm local authority.”
Relevant Queensland Law
The Succession Act 1981 (Qld)² and the Uniform Civil Procedure Rules govern local probate matters. They outline how an overseas grant might be recognised, or how an executor (or equivalent personal representative) must apply for Queensland probate if no reciprocal arrangement exists. Meanwhile, local banks or the Titles Registry also have thresholds and procedures for foreign documents.
Determining If Reseal or New Probate Is Needed
Reseal of Foreign Grants
In some instances, the Supreme Court of Queensland can “reseal” a foreign grant—especially from countries within the Commonwealth that maintain reciprocal probate recognition³. This means the court essentially acknowledges the foreign probate as valid, giving it effect in Queensland without a brand-new application. This is typically quicker than a fresh probate.
- Example: A UK resident dies with real property in QLD. The executor obtains probate in England. The QLD Supreme Court can often reseal that UK grant if the statutory requirements are met, enabling property transfer or sale.
(Note: If the foreign probate is from a non-reciprocal country or certain states, a new local application might be required.)
Full Local Probate Application
Where no reciprocal recognition applies, or if the court demands extra steps, the executor may need to lodge a fresh Queensland probate application. This involves:
- Filing the original (or certified) will,
- Providing an official death certificate and any existing foreign grant,
- Complying with Queensland’s formal notice requirements and affidavits.
“Some foreign grants are unresealable if they lack the same legal basis. The executor must do a normal QLD probate—like starting from scratch.”
Key Steps for Executors Handling QLD Assets from Overseas
Identify All QLD Assets
- Real Estate: Check if property is sole-named or jointly held.
- Bank Accounts or Investments: Gather info on local financial institution thresholds, policies.
- Superannuation or Insurance: If local coverage or Australian-based accounts exist.
Clarify Foreign Probate or Equivalent
- Obtain official copies of the overseas grant of probate (or letters of administration).
- Check if that country has reciprocal relations allowing direct reseal.
Decide on Reseal vs. Fresh Application
- If the country is recognized and rules align, the executor reseals the foreign grant in QLD.
- If not, file a new probate application in the Supreme Court of Queensland.
“Confirm early whether your foreign probate is resealable; it saves months if you don’t have to replicate the entire local probate process.”
Engage Local Professionals
Most overseas executors hire a Queensland solicitor to handle or advise on the procedure, ensuring compliance with local notice and filing requirements, plus dealing with the Titles Registry or banks.
Table: Comparing Reseal vs. New Probate Application in QLD
Aspect | Reseal of Foreign Grant | New QLD Probate |
---|---|---|
Eligibility | Often valid if from a Commonwealth or recognised jurisdiction | Required if no recognition treaty or if the foreign doc not accepted |
Procedure | Shorter application: lodging original foreign probate + local forms | Full local probate steps: affidavit of executor, original will, etc. |
Timeframe | Potentially quicker (some weeks–2 months) | Typically 2–6 months, similar to standard local probate |
Court Requirements | Check local rules on reciprocal acceptance, pay filing fees | Full Supreme Court process, including notice of intention |
Usage | Great for UK, some Commonwealth countries, or states with reciprocity | If from non-reciprocal countries or no suitable foreign grant |
Tax and Currency Considerations
Australian Tax Implications
- Capital Gains Tax (CGT): If QLD property or shares are sold, the estate might incur CGT. The executor coordinates with the ATO and possibly local accountants.
- Income Tax: Any rental income or dividends post-death also triggers estate tax obligations.
Foreign Exchange and Bank Transfers
Converting local funds to the foreign executor or beneficiaries might require:
- Estate bank account in QLD to collect proceeds from property sales.
- Currency conversions and potential overseas transfer fees.
- Ensuring compliance with the overseas country’s inheritance or tax rules as well.
“Cross-border estates can raise double-compliance: QLD law for probate, plus the home country’s inheritance tax or claims.”
Potential Complications and Disputes
- Conflicting Wills: A separate foreign will might address overseas assets differently. Overlapping or contradictory instructions create confusion.
- Forced Heirship Laws: Some civil law jurisdictions impose mandatory shares for children/spouses, clashing with the QLD will or distribution.
- Executor Located Overseas: Communication, signing court documents, or local deadlines might be harder to manage from afar.
(Note: Hiring local counsel or a professional administrator is common if the executor is physically distant.)
Family Provision Applications in QLD
Even if the testator was overseas, if they have real property or assets in Queensland, a spouse or child might lodge a family provision claim here, adjusting local distributions. Executors must remain open to that possibility, pausing final QLD asset distribution until the claim window closes.
Practical Example
Scenario: Mr. Davies, a UK resident, dies leaving a will probated in London, naming his daughter as executor. He owned an investment unit on the Gold Coast worth $350,000. The daughter:
- Checks if UK probate can be resealed in QLD. Indeed, there’s reciprocal recognition.
- She files a reseal application with the Queensland Supreme Court, lodging the original UK probate, official copies, and paying fees.
- After a few weeks, she receives a Reseal of Probate from QLD.
- She uses it to sell the Gold Coast property (transferring title in the estate’s name).
- Proceeds are collected, converted to GBP, and transferred back to the UK. The daughter finalises distribution according to the father’s will.
Frequently Asked Questions (FAQ)
Q1: Does every foreign probate get automatically resealed in Queensland?
A: Not automatically. You must apply, and reciprocal relationships or certain criteria must be met. If not, a new local probate might be needed¹.
Q2: If there’s no foreign probate at all (the overseas family didn’t apply), can we just do QLD probate?
A: Potentially yes, for assets in QLD. But if the estate is large overseas, those authorities might also demand local procedures. Sometimes multiple probates or partial administration occur simultaneously.
Q3: Are foreign-language wills or grants acceptable?
A: They typically need certified translations. The court requires English versions, plus any supporting affidavits².
Q4: Can an executor pay QLD debts and tax from overseas accounts without local probate?
A: Some institutions insist on local authority (probate or letters of administration) to release or transact on the QLD property or accounts. So paying local debts from overseas accounts might be cumbersome or impossible without recognition.
Q5: Does local QLD probate affect forced heirship laws overseas?
A: Local QLD probate addresses Queensland assets only. Forced heirship in the deceased’s home country might apply to assets there. The synergy depends on each jurisdiction’s cross-border treaties or rulings.
Administering international estates in Queensland often involves two major steps:
- Reseal a foreign grant of probate (if reciprocal recognition applies) or
- Obtain brand-new probate locally if no recognition is possible.
During this, tax and family provision claims might complicate the distribution. Executors abroad should plan for currency conversions, local tax obligations, and bridging the gap between foreign legal frameworks and Queensland regulations. Consulting a QLD-based solicitor or estate professional ensures compliance with court and financial institution requirements, ensuring the decedent’s property is lawfully dealt with—no matter where they resided.
Key Takeaways:
- Reseal vs. New Probate: Depends on whether Queensland recognises the original grant.
- Overseas or Non-Reciprocal: Might require a full local probate application.
- Tax & Currency: Address potential CGT, currency exchange, or double compliance.
- Hire Local Expertise: Minimises confusion, especially if disputes or forced heirship laws arise.
By understanding these cross-border probate rules, an executor can confidently navigate any overseas-based estate that includes valuable Queensland assets—ensuring rightful distribution and legal compliance across multiple jurisdictions.