What Happens If Your Executor Lives Overseas?
When you're preparing your Will, one of the most important decisions you’ll make is choosing your executor — the person who will take care of things after you’re gone. But what if the person you trust the most lives overseas? Can they still act as your executor? And should they?
At Alpine Legal, we see this situation often — particularly with clients who have close family members or friends living abroad. Here's what you need to think about if your chosen executor isn’t based in Australia.
Is It Legally Possible?
Yes, you can legally appoint someone who lives overseas to be your executor. There’s nothing in Victorian law that says they must live in Australia. However, just because it’s allowed doesn’t always mean it’s a good idea. There are some practical issues that can make things harder than they need to be.
What Could Go Wrong?
Legal and Administrative Delays
Applying for a Grant of Probate requires your executor to sign legal documents and provide sworn statements. If they’re overseas, they’ll need to sign some of these in front of a notary public, which can be expensive and slow. There may also be delays getting original documents to and from Australia.
Dealing with Local Institutions
Once probate is granted, the executor often needs to work with local banks, real estate agents, and other organisations. Many of these still prefer — or require — in-person appointments or original paperwork. An executor living overseas could find this very challenging.
Tax Implications for Testamentary Trusts
If your Will includes a testamentary trust — for example, to provide long-term support for children or protect assets — it’s important to be cautious about who you appoint as the trustee.
If your executor is based overseas and also becomes the trustee of the trust, this can affect the trust’s tax residency status. Under Australian tax law, a trust may be considered a non-resident trust if the trustee is not an Australian resident, or if the trust is controlled from overseas. This could mean:
The trust is taxed at higher, less favourable rates
It may lose access to certain tax concessions
It could be liable for tax on income earned outside Australia
The ongoing administration becomes more complex and costly
Even if your executor is someone you trust deeply, it’s worth considering whether they’re the right choice for the trustee role — especially if they live overseas. In many cases, a local trustee (or co-trustee) is the safer option to protect the tax status of the trust and make administration smoother for your beneficiaries.
Should You Appoint Someone Else?
It’s always a good idea to think carefully about how practical your choice of executor is — not just whether they’re trustworthy. If your intended executor now lives permanently overseas, it may be time to update your Will.
Some people choose to appoint a co-executor who lives in Australia to work alongside their overseas executor. Others decide to change their executor entirely to someone closer to home.
Need Help Reviewing Your Will?
Wills don’t need to be complicated, but they do need to be practical. Having an overseas executor can lead to unnecessary stress, cost, and delay — especially at a time when your loved ones are already dealing with a lot.
If you’d like to review your Will or talk through your options, we’re here to help. At Alpine Legal, we help clients create clear, workable plans for the future.