Cross-jurisdictional estate planning: overseas assets and Wills

Trusts, Asset Protection & Estate Planning

Aug 26 2026

Many New Zealanders now have assets, family members, or business interests overseas making estate planning and succession planning increasingly complex. You may own a holiday home in Australia, have investments in the United States, be entitled to an inheritance from the United Kingdom, or have children living in different countries.

While these international connections are increasingly common, they can create complications when someone dies. The good news is that most issues can be managed with early advice and co-ordination across countries and legal advisors. Addressing these matters in advance is usually far less costly than dealing with the legal consequences after death.

What is cross-jurisdictional estate planning?

Cross-jurisdictional estate planning involves creating an estate plan and Will structure that works across more than one country.

This may include:

Overseas property and investment portfolios;
Australian, UK, US, and other foreign assets;
International families and beneficiaries;
Foreign trusts or business structures;
Relocation to or from New Zealand;
Succession planning for internationally held wealth.

Every country has its own laws governing Wills, estates, taxes, trusts, and property ownership. A Will that works perfectly in New Zealand may create unexpected difficulties overseas.

What can go wrong?

Common problems include:

Delays in administering overseas assets;
Conflicting Wills in different countries;
A Will valid in one country is not recognised in another;
Additional legal costs;
Difficulties obtaining probate or resealing a grant in other (multiple) jurisdictions;
Assets passing in a way that was never intended;
Family disputes caused by unclear arrangements.

In some cases, a person may have a valid New Zealand Will, but their overseas assets cannot be dealt with efficiently because local legal requirements have not been considered.

Can one Will cover assets in multiple countries?

Sometimes. For some people, a single carefully drafted Will is sufficient. For others, separate Wills for different jurisdictions may be appropriate. The answer depends on factors such as:

The countries involved;
The type and value of the assets;
Whether trusts or companies are involved;
Family circumstances;
The likelihood of future relocation.

The key issue is ensuring the documents work together. Multiple Wills that are not properly co-ordinated can create more problems than they solve.

When should you review your estate plan?

One of the most common mistakes is waiting until after a move overseas to review an estate plan.

A relocation can affect existing Wills, trust structures, powers of attorney, and succession arrangements. Reviewing these matters before moving can avoid significant cost and complexity later.

Coordinating legal advice across jurisdictions

Cross-border estates often require input from advisers in more than one country. The objective is not to create more documents, but to ensure all aspects of the estate plan operate together efficiently.

With the right planning, overseas assets can usually be administered more smoothly, costs can often be reduced, and families can avoid unnecessary stress at an already difficult time.

If you own overseas assets, have family living abroad, or expect an overseas inheritance, it is worth reviewing your estate planning arrangements to ensure your Will and estate administration plans remain effective across jurisdictions.