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Topic: Will Jurisdiction
Posted: 27/October/2017 at 11:38
G'Day All !
The will of a deceased person directs that the country of domicile is New Zealand and the will to be administered according with New Zealand's laws.
The deceased person left New Zealand ( and never returned ) and moved to Western Australia 2 days after the will was signed. In New Zealand the deceased person had no kind of property and no interest at the deceased date except the Life Insurance. The Life Insurance Proceeds has been transferred to Western Australia and "the residue is hold upon trust" as directed in the will.
The probate of the will was executed in New Zealand before the Insurance Proceeds transferred to Western Australia. The will is not resealed in Western Australia, yet. The executor is resident in Western Australia, same the beneficiary nominated in the Will.
1. What law jurisdiction is applicable in this case, New Zealand as per will or Western Australia?
2. "upon trust " means that the administrator MUST invest the residue of the estate if distribution time is determined by the age of the beneficiary of the will ?
3. Is there a time limit for a grant issued in New Zealand to be resealed in Western Australia?
Thank you .
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