Owning Property in Queensland and NSW: Which State’s Laws Apply to Your Will?

Draft for review : not published or scheduled.

A person may own a home in Brisbane, an investment property in Newcastle and bank accounts in another state. This is increasingly common as people move between Queensland and New South Wales for work, family or property investment.

The question of which law applies to a Will covering property in Queensland and NSW does not have one simple answer. The outcome depends on the type of asset, where it is located, how it is owned, the deceased person’s domicile and the steps required to administer the estate.

The two principal statutes are the Succession Act 1981 (Qld) and the Succession Act 2006 (NSW). Both states recognise valid Wills made with interstate connections, but the administration of land and estates can still involve separate state-based procedures.

The basic distinction: land versus movable assets

Australian succession law generally distinguishes between:

• Immovable property, such as land, houses, apartments and commercial property; and

• Movable property, such as bank accounts, shares, vehicles, personal possessions and some business interests.

Real property is generally dealt with under the law of the place where the property is situated. This is sometimes described by the Latin term lex situs.

For example:

• A house in Queensland will generally be subject to Queensland law for matters concerning the land and its title.

• A property in NSW will generally be subject to NSW law for matters concerning that land and its transfer.

• Movable assets are generally dealt with according to the law of the deceased person’s domicile at death.

This does not mean that a Queensland resident needs one Will for Queensland and a completely different Will for NSW. It means that the relevant state law may apply to different aspects of the estate.

What does domicile mean?

Domicile is a legal concept. It is not necessarily the same as a person’s current residential address or the state shown on a driver licence.

A person’s domicile may be assessed by considering factors such as:

• Where the person has their permanent home;

• Where they intend to live indefinitely;

• Their family and employment connections;

• The location of their principal financial affairs; and

• Whether they have abandoned a previous domicile and established a new one.

A person may own property in NSW while remaining domiciled in Queensland. Another person may move permanently to NSW while retaining a Queensland investment property.

Domicile is particularly relevant to movable assets and aspects of estate administration. It can also influence where probate is first sought. However, domicile does not displace the general rule that land is regulated by the law of the state in which it is located.

Can one Will cover property in both Queensland and NSW?

Yes. In many cases, one carefully drafted Australian Will can cover assets located in both states.

A Will should generally identify the estate broadly enough to include all assets, rather than attempting to list every individual bank account or item of personal property. It should also appoint an executor who is capable of dealing with assets in both jurisdictions.

However, the fact that one Will can cover both states does not eliminate the need to consider:

• The validity and signing requirements for the Will;

• The ownership structure of each property;

• Whether probate or a reseal is required;

• The location of debts and liabilities;

• Potential family provision claims; and

• Any separate documents affecting superannuation, trusts or jointly owned assets.

A Will should be drafted so that it operates consistently across state borders. A solicitor should be consulted before using a Queensland Will template for a person with NSW assets, or vice versa.

Joint tenants and tenants in common

The way a property is owned may be more important than the wording of the Will.

Joint tenancy

If property is owned as joint tenants, the surviving joint owner will generally receive the deceased owner’s interest through the right of survivorship. The deceased’s interest usually does not pass under the Will.

For example, if spouses own a Queensland home as joint tenants and one spouse dies, the surviving spouse will generally become the registered owner of the whole property, subject to the relevant title registration process.

The same general principle applies to jointly owned NSW property. The executor may not control the property under the Will because the deceased’s interest passes directly to the surviving joint tenant.

The surviving owner will usually need to provide documents such as:

• The original or certified death certificate;

• A title-related application; and

• Any other documents required by the relevant land titles registry.

Tenants in common

If property is owned as tenants in common, each owner has a separate interest. A deceased owner’s share forms part of their estate and is dealt with under their Will or, if there is no valid Will, the applicable intestacy rules.

For example, if a person owns a 50 per cent interest in a NSW property as a tenant in common, that interest may pass to the beneficiaries named in the Will. It does not automatically pass to the other co-owner.

This ownership structure is common where:

• Property is owned with a business partner;

• A couple wishes to preserve separate inheritance arrangements;

• A person wants their share to pass to children from an earlier relationship; or

• Contributions to the purchase were unequal.

A title search should be obtained as part of any estate-planning review. A person’s understanding of ownership may not match the registered title.

Probate, resealing and dealing with property in the other state

Probate is the court process that confirms the validity of a Will and the executor’s authority to administer the estate. A grant of letters of administration may be required where there is no valid Will or no suitable executor able to act.

Where an estate includes assets in both Queensland and NSW, the executor may need to obtain a grant in one state and have it recognised in the other.

For example:

• A Queensland grant may need to be resealed by the Supreme Court of NSW before it can be relied upon for certain NSW assets.

• An NSW grant may need to be resealed in Queensland before it can be used for certain Queensland assets.

The Supreme Court of NSW guidance on resealing a grant explains the process for using an interstate grant in NSW. The Queensland Courts guidance on resealing grants provides information about the reverse situation.

The exact process will depend on the asset and the requirements of the relevant authority. Some Queensland land dealings may have specific title procedures, while a bank, share registry or property transfer may require its own evidence of authority.

Executors should not assume that a grant issued in one state can automatically be used for every asset in another state.

Should separate Wills be used?

Some people with property in multiple jurisdictions consider making separate Wills. This can sometimes be appropriate, particularly where:

• There are substantial assets in different countries;

• Separate legal systems apply;

• A specialist estate structure requires different executors; or

• A particular asset must be administered independently.

For property located only in Queensland and NSW, a single Australian Will is often capable of dealing with both states. Separate Wills should not be prepared casually.

A later Will may revoke an earlier Will unless it contains carefully drafted limitations. If two Wills overlap, the documents may create uncertainty about which Will governs a particular asset. An executor may then need legal advice or court directions before administering the estate.

A person considering separate Queensland and NSW Wills should obtain advice about:

• The revocation clauses;

• Which assets each Will covers;

• Whether the same executor is appointed;

• Whether probate will be required in both states; and

• Whether the documents work together without contradiction.

Practical steps for reviewing a cross-border estate plan

A person who owns property in Queensland and NSW should consider taking the following steps:

The key point for Queensland and NSW property owners

A Will can often cover property in both Queensland and NSW, but the applicable law depends on the asset and the circumstances. Queensland law generally applies to Queensland land, NSW law generally applies to NSW land, and domicile may be relevant to movable assets and estate administration.

Ownership structure also matters. Jointly owned property may pass outside the Will, while a tenant-in-common interest generally forms part of the estate. Probate or a resealed grant may be required before an executor can deal with property in the other state.

Lightning Legal provides fixed-price Wills and estate planning services, including advice about property ownership, executors and testamentary arrangements. Contact Lightning Legal to arrange a review of a Will and property documents.

This article is general information only and does not constitute legal advice. Succession, probate, property and family provision laws may change. The information is current to 11 September 2026 and should be checked against the law applying at the time advice is required. Cross-border estates should be reviewed by a solicitor with appropriate Queensland and NSW experience.