For many families in Parramatta and Western Sydney, a parent's estate isn't only the house in Australia — it's also land in Jaffna or Colombo, property in Chennai, or accounts held overseas. Cross-border estates are entirely manageable, but they follow rules most general guides never mention.
Does a NSW Grant of Probate Cover Overseas Assets?
No. A grant from the Supreme Court of NSW gives the executor authority over the Australian assets. Assets in another country are governed by that country's succession law and processes — land in Sri Lanka or India must be dealt with under Sri Lankan or Indian law, usually through local proceedings handled by a lawyer there.
How Is a Cross-Border Estate Administered in Practice?
- Australian assets: the executor obtains the NSW grant and administers the local estate in the usual way — see the probate process
- Overseas assets: a parallel process runs in the other country, coordinated with a local lawyer. Documents commonly need certified copies, notarisation or apostilles, and sometimes translations
- Sequencing matters: which grant is obtained first can affect what the foreign process requires. We plan the order before filing anything
What Is a Reseal?
Where a grant of probate has been made in another jurisdiction whose grants NSW recognises (including many Commonwealth countries), the foreign grant can sometimes be resealed by the Supreme Court of NSW — giving it effect here without a fresh full application. This commonly arises in reverse, too: an overseas relative dies leaving assets in NSW, and the overseas grant is resealed to deal with them.
One Will or Two?
For living clients with assets in more than one country, the planning question is whether to make a single worldwide Will or separate Wills for each country. Separate, carefully coordinated Wills often make each country's administration faster — but they must be drafted so one does not accidentally revoke the other. This is precise work; done properly, it saves your family months.
Practical Points for Executors
- Order extra certified copies of the death certificate early — every jurisdiction wants its own
- Locate any overseas Will and title documents before starting either process
- Expect different timelines: overseas processes frequently take longer than the NSW grant
- Tax and transfer duties can arise in either country — get coordinated advice before selling or transferring
An estate spanning two countries?
We regularly assist families with estates across Australia, Sri Lanka and India, and coordinate with overseas lawyers. Free first consultation — English, Tamil and Greek. (02) 9633 3122.
General information only, not legal advice. Foreign law issues require advice from a lawyer qualified in that jurisdiction.
Need legal advice? James Papas Solicitors offers free first consultations for all Probate & Deceased Estates matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Probate & Deceased Estates services → or contact us today.