“I made a will and enduring power of attorney in New Zealand but now I live in Australia. Do I need to create a new will and enduring power of attorney”. 

I have a will and enduring power of attorney in New Zealand / UK, do I need a new one now that I live in Australia?

Amanda Kennewell, a Senior Paralegal in our Wills & Estates Team explains:

“If you currently have a will and enduring power of attorney (“EPA”) prepared in New Zealand but are now a resident of Australia, new documents should be prepared under Australian laws. 

The New Zealand EPA will not be recognised in Australia and you should promptly arrange for preparation of a new document.

If you have assets in both countries provision can be made in your Australian will to deal with assets held in just one country or both (depending on your New Zealand will (if any) and your wishes).

Some countries have an “agreement” with Australia in that a reseal of the grant of probate with the will may be used to deal with overseas assets. 

For example, if you have an Australian Will (or die intestate and letters of administration are granted for your Australian estate) and you also have assets in the United Kingdom or New Zealand, your executors may apply to the Supreme Court to have a “re-seal” prepared, which is essentially a document that will be recognised in the other country to enable estate administration to proceed, without the need to put the estate to expense of another application for probate/letters of administration in another country”.

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Our expert wills and estate planning lawyers are highly experienced across the range of wills and estates.

We work comprehensively to ensure all your estate planning needs have been addressed, answer any questions you have so you understand the legalities and importance of the estate planning documentation. We provide superior support from a dedicated lawyer or paralegal, from the first phone call to finalising your estate planning.

Our team of lawyers are experts in their field and go above and beyond to deliver the best result, each-and-every time. We are proud to provide 5-star customer service to our clients.

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Contact Us

Update your will so your future wishes are respected. Get the best representation. Contact our wills and estates Lawyers on 1800 999 529, email mail@rmold.newwebsite.live or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

This article was originally written on the 5^th of June 2020. It was last updated on the 27^th of September 2022.