06/10/2026
As both an Australian and American citizen, I've often been asked about wills, trusts, and estate planning when you have assets in more than one country.
Do you need a will in both countries? Should you have a trust? How do you protect your family and avoid unnecessary probate issues?
Estate planning isn't just for the wealthy or the elderly—it's something everyone should consider, regardless of age. Understanding your options today can help protect your loved ones tomorrow.
This article provides valuable insights into estate planning and the importance of having the right protections in place.
Have you started your estate planning journey yet?
Most Australians in the US don't have a will. And the ones who do? A lot of them are relying on an old Australian will that may not work the way they think it does.
We sat down with estate planning attorney Shannon McNulty from The Village Law Firm to walk through what Australians actually need to know. Some of what came up genuinely rattled people, especially around what happens to your kids if something goes wrong and you don't have a plan in place.
The conversation covered a lot of ground:
- Whether you need wills in both countries
- The $60,000 estate tax trap for visa holders (and the treaty that helps)
- Why your spouse might NOT automatically inherit everything
- What happens with guardianship if you have no family in the US
- The three documents every expat adult should have
One stat that stuck with me: if you die in New York with minor kids and no will, your spouse doesn't just get everything. The court splits it 50/50 between your spouse and children, and the kids' share gets locked in court supervision until they turn 18. Your partner has to ask permission to use that money to care for your own children.
We break it all down in our latest guide.
Did you know about the 50/50 split? Has anyone been through the estate planning process here in the US?