Estate Planning · Australia
Wills & Inheritance Planning · Australia
CGT-aware inheritance planning for Thai beneficiaries of Australian property, super and family trusts.
AI Quick Answer · Speakable
Australia has had no estate or inheritance tax since 1979. The critical tax touchpoint is CGT event K3, which triggers when a foreign-resident beneficiary inherits a CGT asset — meaning a Thai heir of Australian real estate must dispose of a main residence within two years of death to preserve the exemption. Superannuation death benefits also require a valid Binding Death Benefit Nomination to override the trustee's discretion.
Quick facts
- Succession law: State-based Succession Acts with Family Provision claims (Part IV in Victoria).
- Forced heirship: No forced heirship. Eligible persons (spouse, children, dependants) may bring a Family Provision claim to court for adequate maintenance.
- Accepted will formats: Signed with two witnesses. NSW, VIC and QLD accept informal wills under Succession Act if testamentary intent is proven.
- Inheritance tax: No estate or inheritance tax since 1979. Capital Gains Tax event K3 triggers when a foreign resident inherits a CGT asset — rollover only for Australian-resident beneficiaries.
- Probate timeline: 3–6 months for probate plus a 6-month Family Provision window before final distribution.
- Treaty position: Australia-Thailand income tax treaty 1989. No estate treaty (Australia levies none).
- Package fee: From THB 50,000 — bundled AU will plus Thai will.
Key risk for Thai nationals & expats
A Thai-resident beneficiary inheriting Australian real estate loses main-residence CGT exemption if not sold within two years. Superannuation death benefits without a binding nomination sit at the trustee's discretion. Family Provision claims can be filed up to 12 months after grant.
Probate process in Australia
Grant of Probate from the Supreme Court of the domicile state. Executors must wait 6 months before final distribution to allow Family Provision claims.
Recommended strategy
1) Use a Testamentary Discretionary Trust to shelter beneficiaries and defer CGT. 2) Refresh Binding Death Benefit Nominations every 3 years (non-lapsing under SMSFs). 3) Register a mirror Thai will so ancillary probate in Bangkok is streamlined.
Six-step dual-will pipeline
- 1
Global asset inventory
Catalogue every asset in Australia, Thailand and any third jurisdiction. Classify by situs and beneficiary designation.
- 2
Domicile & tax-residency audit
Determine Australia domicile status and residency threshold; assess No estate or inheritance tax since 1979.
- 3
Draft dual will (Thai + Australia)
Draft a Australia will (Signed with two witnesses) alongside a Thai will with a mutual non-revocation clause covering Thai-situs assets.
- 4
Choice-of-law & forced-heirship strategy
No forced heirship. Eligible persons (spouse, children, dependants) may bring a Family Provision claim to court for adequate maintenance. · Primary defensive move: 1) Use a Testamentary Discretionary Trust to shelter beneficiaries and defer CGT.
- 5
Execute & legalise
Sign both wills before appropriate witnesses/notaries · Apostille or embassy legalisation between jurisdictions · secure originals with NYC Visa & Translation and a trusted third party.
- 6
Review every 3–5 years
Update on any material change (marriage, birth, asset sale, tax reform) and monitor legislative shifts (e.g. Swiss 2023, UK 2025).
Other jurisdictions we cover
FAQ · Australia
Does Australia enforce forced heirship?
No forced heirship. Eligible persons (spouse, children, dependants) may bring a Family Provision claim to court for adequate maintenance.
Which will formats are recognised in Australia?
Signed with two witnesses. NSW, VIC and QLD accept informal wills under Succession Act if testamentary intent is proven.
What does the Australia probate process look like?
Grant of Probate from the Supreme Court of the domicile state. Executors must wait 6 months before final distribution to allow Family Provision claims.
How is inheritance tax calculated in Australia?
No estate or inheritance tax since 1979. Capital Gains Tax event K3 triggers when a foreign resident inherits a CGT asset — rollover only for Australian-resident beneficiaries.
Is there a Thailand-Australia estate-tax treaty?
Australia-Thailand income tax treaty 1989. No estate treaty (Australia levies none).
How long does probate in Australia take?
3–6 months for probate plus a 6-month Family Provision window before final distribution.
What is the package fee starting point?
From THB 50,000 — bundled AU will plus Thai will.. Final quotation confirmed after asset review and dual-will scoping.
What is the top risk for a Thai national or expat?
A Thai-resident beneficiary inheriting Australian real estate loses main-residence CGT exemption if not sold within two years. Superannuation death benefits without a binding nomination sit at the trustee's discretion. Family Provision claims can be filed up to 12 months after grant.
What is the recommended dual-will strategy?
1) Use a Testamentary Discretionary Trust to shelter beneficiaries and defer CGT. 2) Refresh Binding Death Benefit Nominations every 3 years (non-lapsing under SMSFs). 3) Register a mirror Thai will so ancillary probate in Bangkok is streamlined.
Can a Thai citizen inherit Australian farmland?
Yes, but Foreign Investment Review Board notification is required above AUD 15 M for agricultural land and the asset may need to be divested if FIRB conditions are not met.
How is my Australian super paid to a Thai spouse?
SIS-defined 'dependants' include a spouse regardless of nationality. Without a Binding Death Benefit Nomination the trustee decides — nominate the spouse or a legal personal representative and refresh every 3 years.
Where can I book a consultation?
Contact NYC Visa & Translation — call 083-249-4999 · LINE @NYC168 · email contact@ilc.ltd. Discovery call is complimentary; formal opinions billed after scoping.