Can I include someone who lives overseas in my Will?

The short answer

Yes. You can include people who live overseas in your will — as beneficiaries, and usually as executors too. There is no requirement that the people in your will live in New Zealand. What changes is the practical side: how they are identified, how they receive their gift, and how the estate is administered across borders.

Naming beneficiaries overseas

Beneficiaries overseas need the same care as anyone else, plus a little more:

• use their full legal name, as it appears on their identification documents;
• include their current address and contact details;
• make sure their bank details are clear and correct when payment time comes;
• remember that international transfers can take time and involve fees; and
• expect that banks or organisations may ask for additional identification before releasing funds.

A beneficiary’s country may also have its own rules about receiving gifts or inheritances, including tax. That is usually the beneficiary’s responsibility, but it is worth being aware of so there are no surprises.

Naming executors overseas

You can name an executor who lives overseas, and many overseas executors carry out the role perfectly well. But the practical considerations are real:

• distance can make collecting assets, attending meetings and dealing with paperwork harder;
• some institutions may expect an executor to be contactable in person or by post;
• an overseas executor may need to provide certified documents or evidence of identity;
• time zones and availability can slow things down; and
• if the estate is complex, an overseas executor may find it difficult to manage alone.

If you want an overseas family member involved, one common approach is to name them as an executor alongside someone in New Zealand, or alongside a professional — so the practical work has someone on the ground.

Assets overseas

If you own property or assets in another country, that is where cross-border estates become genuinely complicated. Overseas property is usually dealt with under the law of the country where the property is located, and that country may have its own rules about who can inherit, how probate works there, and what taxes apply.

A will that is perfectly valid in New Zealand may need to be handled differently overseas, and in some countries the estate may need separate legal steps. If you own overseas assets, make sure the will takes them into account — and get advice before signing.

Tax considerations

New Zealand does not currently have an inheritance or estate tax of the kind some countries impose. However, a beneficiary’s home country may tax gifts or inheritances they receive, and certain payments from New Zealand may be subject to withholding tax. The tax treatment depends on the countries involved and the nature of the gift. Neither you nor your executor can control another country’s tax rules, but knowing about them helps avoid surprises.

Practical tips

• keep contact details for overseas beneficiaries current — the executor will need them;
• if a beneficiary cannot be found when you die, the executor may need to make enquiries, and in some cases the court — make sure someone knows how to reach them;
• name backup beneficiaries, in case someone overseas dies before you or cannot be located;
• consider currency and payment methods for international transfers; and
• let your executor know which beneficiaries live overseas and what to expect.

When to get advice

See a lawyer before signing if your situation involves any of the following:

• you own property or assets in another country;
• a beneficiary or executor lives in a country with complex inheritance or tax rules;
• you hold foreign citizenship or are subject to another country’s estate laws;
• you are leaving substantial gifts to people overseas; or
• you are unsure how an overseas element will affect the estate.

The bottom line

People who live overseas can absolutely be included in your will — as beneficiaries and usually as executors. The legal rules in New Zealand are the same; what changes is the practical administration and the possible involvement of other countries’ laws. Keep details accurate, name backups, and get advice if overseas assets or substantial cross-border gifts are involved. Our guide on beneficiaries and guide on deceased estates cover the surrounding basics.