Home Expat Forums Forums Can you make a legally binding will for Australia whilst in Germany ?

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    Posted by munich wallaby,  1 reply

    Hi, I am an australian married to a german and living in germany currently. all my assets are in australia and i need to update my will as it was made before we were married a few years ago and we now also have kids here.

    the question is, does anyone know if I can make a will whilst I am still in germany that is legally binding in Australia? I go back to Australia about once a year but would rather sort it out now (if possible) rather than wait till being back downunder to make it.

    appreciate any advice. tks

     

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    David Lee

    if your worried about getting on a plane without a will I’d certainly would. All wills can be contested in court so it’s just a piece of paper. I’ve made wills in the EU, Asia, and the USA and most of the time I just use the standard form that you can get on-line or from a broker. You might also check with a local bank or lawyer for a copy then fill in your details. What makes the will binding is to have 2-witnesses that can be called or contacted during the period of probate. If you can’t find this form you can contact me and I’ll “whatsup” you a copy. The final thing you will need is to have the will signed by a Notary which adds an official seal to your document that shows its not fake. This usually comes with a small fee and has raised lettering. The seal will be examined by the probate officer and if has been tampered with it can be declared void. Get a copy of the Australian Legal Guide from Time Life Books on Amazon for any new briefs. ISBN 0-9652312-0-8 or a similar guide.

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