Different countries have different laws about the drafting and proving of wills. The succession laws are not even uniform across Australia.
If you have assets in more than one country it is advisable that a will is drafted in each country. There are also practical reasons for having wills in each country.
If you have minor children you should appoint one or more guardians in your wills. You can appoint as guardians your relatives or friends in South Africa who should agree with their appointment.
If you fail to appoint a guardian in your wills the Court will choose a guardian from those who step forward. If no one does, the court will decide where your children will live, and who will make legal decisions for them.
- It is advisable to make an Australian will ensuring that both, your South African and Australian wills are in harmony and the Australian will doesn’t cancel out the South African will. If you have no assets in South Africa you may only need to have a valid Australian will.
- Appoint guardians in your will who are willing and able to look after your children in the unfortunate event you both die.
Suggested way forward
Call us on 04211 45637 for specific legal advice.