1. Overview: Australia and Hong Kong Connections

Australia is home to one of the largest overseas Hong Kong diaspora communities in the world. Hundreds of thousands of Hong Kong residents have emigrated to Australia since the 1980s, and many maintain financial ties across both jurisdictions. Common scenarios include:

• A parent who emigrated to Australia decades ago, built a life there, and passed away leaving assets in both countries.
• A Hong Kong resident who invested in Australian property — apartments in Sydney, Melbourne, or Brisbane purchased as investment or for children attending university.
• Superannuation (retirement) funds accumulated during years of working in Australia, sometimes forgotten after returning to Hong Kong.
• Bank accounts, shares, and managed funds opened during a period of Australian residence that became dormant.

When someone dies holding assets in Australia, the Hong Kong-based family must navigate Australia's estate administration system — which is state-based, meaning each of Australia's six states and two territories has its own probate registry, rules, and fees. This guide walks you through every step.

2. No Inheritance Tax — But Watch Out for CGT

Australia abolished all forms of death duties and inheritance tax between 1978 and 1982. The Commonwealth (federal) estate duty was abolished on 1 July 1979, making Australia one of the first developed nations in the world — alongside Canada — to eliminate inheritance taxes entirely. State-level death duties followed: South Australia and Western Australia abolished theirs in 1980, Victoria and New South Wales in 1981, and Tasmania in 1982.

Today, there is no inheritance tax, estate tax, or death duty at either the federal or state level in Australia. Beneficiaries do not pay tax on the value of the estate they receive.

Other tax obligations to be aware of:

• Final tax return: A final individual tax return must be lodged for the deceased covering income earned from 1 July of the last financial year to the date of death.
• Estate tax return: If the estate earns income (e.g., rent, dividends, interest) during administration, a separate trust tax return must be filed for the estate. The estate is taxed at individual marginal rates for the first three years, then at the top marginal rate.
• Superannuation death benefits: Lump-sum super death benefits paid to tax dependants (spouse, children under 18) are tax-free. Payments to non-tax-dependants (e.g., adult children) may be taxed on the taxable component at rates up to 30% plus Medicare levy.

3. State-Based Probate Systems

Unlike Hong Kong's single High Court probate registry, Australia has a separate probate registry in each state and territory, operated by each Supreme Court. You must apply for probate in the state or territory where the deceased's assets are located. If the deceased had assets in multiple states, you may need to apply in each one (or reseal the grant across states).

3.1 New South Wales (NSW)

Probate is handled by the Supreme Court of New South Wales, Probate Division. Since August 2023, most uncontested applications must be lodged online through the NSW Supreme Court Online Registry.

• Timeline: You must lodge an online notice of intended application first; then wait 14 days before submitting the full application. After submission, the grant typically issues in 2-6 weeks.
• Deadline: Applications should be made within 6 months of death. Delays beyond this require a reasonable explanation.
• Fees: Based on estate value. Small estates (under A$150,000) cost around A$1,000; larger estates (over A$5 million) can cost up to approximately A$11,000.
• Contact: Supreme Court of NSW Probate Office — supremecourt.nsw.gov.au

3.2 Victoria (VIC)

Probate is handled by the Supreme Court of Victoria, Probate Office. All applications and advertisements must be filed electronically via the RedCrest-Probate system.

• Process: You must first publish a notice of intention to apply on RedCrest-Probate, then wait 14 days before filing the application.
• Fees: Scaled based on the gross value of the estate. Currently around A$400-A$600 for most estates.
• Contact: Supreme Court of Victoria — supremecourt.vic.gov.au

3.3 Queensland (QLD)

Probate is administered by the Supreme Court of Queensland.

• No fixed deadline: Unlike NSW, Queensland has no statutory deadline for probate applications, but applications should be made within a reasonable time.
• Public Trustee fallback: If no one applies within three months, the Public Trustee of Queensland may step in to administer the estate.
• Contact: Queensland Courts — courts.qld.gov.au

3.4 Western Australia (WA)

Probate is handled by the Supreme Court of Western Australia. Applications are filed electronically.

• Small estates: Estates valued under A$50,000 may not require a formal grant — banks and other institutions may release funds with a death certificate and statutory declaration.
• Contact: Supreme Court of Western Australia, Probate Registry

3.5 South Australia (SA)

The Supreme Court of South Australia, Probate Registry handles all applications. South Australia uses the Succession Act 1936 and the Administration and Probate Act 1919.

3.6 Tasmania (TAS)

The Supreme Court of Tasmania handles probate. Tasmania generally follows similar processes to other states but with lower fee schedules reflecting smaller estate values.

4. Resealing a Hong Kong Grant of Probate in Australia

Australia and Hong Kong share a common law legal heritage, which means that a Grant of Probate or Letters of Administration issued in Hong Kong can be "resealed" in Australia rather than requiring a completely new probate application. This is a significant advantage compared to many other jurisdictions.

Resealing is governed by each state's legislation (e.g., the Probate and Administration Act 1898 in NSW). The process involves:

5. Superannuation Death Benefits

Superannuation ("super") is Australia's compulsory retirement savings system. Employers must contribute a percentage of each employee's salary (currently 11.5% as of 2025-26) into a regulated super fund. For Hong Kong families, super is often the largest and most complex asset to recover, because super operates outside the normal estate and is not automatically covered by a will.

5.1 How Super Death Benefits Work

When a super fund member dies, the fund trustee pays out the member's balance as a death benefit. Who receives this payment depends on the type of beneficiary nomination the member made:

5.2 Who Can Receive Super Death Benefits?

Under superannuation law, death benefits can only be paid to a "dependant" of the deceased or to their legal personal representative (executor or administrator). Dependants under super law include:

• Spouse or de facto partner (including same-sex partners)
• Children of any age (including adopted children and stepchildren)
• Any person in an interdependency relationship with the deceased
• Any person who was financially dependent on the deceased

5.3 Tax on Super Death Benefits

The tax treatment depends on who receives the benefit:

• Tax dependant (spouse, child under 18, person in interdependency/financial dependency relationship): Lump-sum payments are completely tax-free, regardless of the components.
• Non-tax dependant (e.g., adult child over 18 who was not financially dependent): The tax-free component is still tax-free, but the taxable component is taxed at up to 30% (taxed element) or 15% (untaxed element), plus Medicare levy.

5.4 How to Search for Lost Super

• Australian Taxation Office (ATO): The ATO holds records of all super accounts linked to a Tax File Number (TFN). The executor or administrator can request a super search by contacting the ATO at +61 13 10 20 or lodging a request via myGov (if the deceased had an account).
• ATO Lost Super Search: The ATO maintains a register of "lost" and unclaimed super. Visit ato.gov.au and search for "lost super".
• Old payslips and employer records: Check any payslips, employment contracts, or group certificates (now called "PAYG Payment Summaries") for the super fund name and member number.

5.5 Major Super Funds

6. Bank Account Recovery

Australia's banking system is dominated by four major banks: Commonwealth Bank of Australia (CBA), Westpac, ANZ, and National Australia Bank (NAB). Each has its own deceased estate process, but the general framework is similar.

6.1 Small Estate Thresholds

Each bank has a threshold below which it may release funds without requiring a formal Grant of Probate or Letters of Administration. This is particularly useful for small balances:

6.2 What Happens When You Notify the Bank

1. Account freeze: Once notified of the death, the bank immediately freezes all accounts. No withdrawals, direct debits, or automatic payments will be processed.
2. Bereavement team contact: The bank's dedicated bereavement or estates team will contact you to guide you through their process.
3. Document review: You submit the required documents (death certificate, proof of authority, identification).
4. Fund release: Once documents are verified, funds are released to the estate account or directly to entitled persons.

6.3 Documents Required

6.4 Permissible Pre-Probate Expenses

NAB allows up to A$15,000 in permissible expenses to be paid from the deceased's accounts before a grant is issued, covering funeral expenses and court filing fees. Funds are released within 14 business days. Other banks have similar but varying policies — always ask.

6.5 Joint Accounts

If the account was held jointly, the surviving account holder generally retains full access to the funds. The bank will simply remove the deceased's name. No probate is required for joint accounts.

7. Property: The Torrens Title System

Australia uses the Torrens title system for property ownership — a system invented in South Australia in 1858 by Sir Robert Torrens. Under this system, the government maintains a central register of all land ownership, and the register is guaranteed by the state. This is different from the old deeds system used in some other countries.

7.1 Key Features of Torrens Title

• Indefeasibility of title: The registered owner has an indefeasible (unassailable) title, guaranteed by the state.
• Central register: Each state maintains its own land registry. The Certificate of Title (now mostly electronic) records all interests in the land — ownership, mortgages, easements, caveats.
• Electronic conveyancing: Property transfers are now done electronically through platforms like PEXA (Property Exchange Australia).

7.2 State Land Registries

7.3 Transferring Property from a Deceased Estate

If the deceased was the sole registered proprietor, a Grant of Probate (or resealed HK grant) is required to transfer the property to the beneficiary. The process involves:

1. Obtain the Grant of Probate or reseal the HK grant in the relevant state.
2. Lodge a "Transmission Application" with the state land registry, recording the executor/administrator as the new registered proprietor.
3. The executor then transfers the property to the beneficiary via a standard transfer document.
4. Both the transmission and the transfer are lodged electronically through PEXA.

7.4 Joint Tenancy vs Tenants in Common

If the property was held as joint tenants, it passes automatically to the surviving owner(s) by right of survivorship. No probate is needed — just lodge a "Notice of Death" with the land registry along with the death certificate.

If held as tenants in common, the deceased's share forms part of their estate and must be dealt with through probate.

8. Shares, Investments, and ASIC

The Australian Securities and Investments Commission (ASIC) is the national regulator for companies, financial markets, and financial services. When recovering shares and investments held by a deceased person, ASIC plays several important roles.

8.1 Finding Shares

• Share registries: Most Australian listed companies use one of two major share registries: Computershare or Link Market Services. Contact them with the deceased's details to search for holdings.
• CHESS holdings: If shares were held through a broker, they are likely in the CHESS (Clearing House Electronic Subregister System) system. Contact the broker.
• Issuer-sponsored holdings: If shares were held directly (not through a broker), they appear on the company's register, maintained by the share registry.

8.2 Transferring Shares

The executor must provide the Grant of Probate (or resealed grant), death certificate, and a completed transfer form to the share registry. Shares can be transferred to beneficiaries or sold.

8.3 Managed Funds and Other Investments

Check for managed fund investments, term deposits, bonds, and other financial products. Major fund managers include Vanguard, Magellan, Platinum Asset Management, and Macquarie. Each has its own deceased estate process.

9. Unclaimed Money: ASIC and State Revenue Offices

Australia has a comprehensive system for tracking unclaimed money — funds that have been lost, forgotten, or abandoned. For Hong Kong families, this is an important search to conduct, especially if the deceased lived in Australia years ago.

9.1 ASIC's Unclaimed Money Register

ASIC maintains a national database of unclaimed money from:

• Bank accounts: Accounts become "unclaimed" if inactive (no deposits or withdrawals) for 7 years. The bank must transfer the balance to ASIC.
• Life insurance: Policies become unclaimed 7 years after maturity.
• Shares: If a company cannot contact a shareholder for more than 6 years, the dividends and share sale proceeds may be transferred to ASIC.
• Managed investment schemes: Similar to shares — if the fund cannot contact the member for more than 6 years.

Search for free at moneysmart.gov.au/find-unclaimed-money (ASIC's MoneySmart website).

9.2 State and Territory Unclaimed Money

Each state also maintains its own unclaimed money register for different types of funds:

9.3 How to Claim

To claim unclaimed money on behalf of a deceased person, you will need:

• Death certificate
• Grant of Probate or Letters of Administration (or resealed HK grant)
• Proof of the deceased's identity (old bank statements, share certificates, etc.)
• Identification of the claimant (executor/administrator)
• Completed claim form from ASIC or the relevant state office

10. Cross-Border Issues: HK-Australia

Administering an estate across Hong Kong and Australia involves several unique challenges.

10.1 Which Law Applies?

• Immovable property (real estate) in Australia: Governed by Australian law (specifically the law of the state where the property is located).
• Movable property (bank accounts, shares, super) in Australia: Governed by the law of the deceased's domicile at death. If the deceased was domiciled in Hong Kong, Hong Kong succession law applies to movable assets.

10.2 Intestacy Rules Comparison

If the deceased died without a will, the intestacy rules of the applicable jurisdiction determine who inherits. Australian intestacy rules vary by state but generally follow a similar pattern:

10.3 Remitting Funds to Hong Kong

Once the estate is administered and funds are released, transferring money from Australia to Hong Kong is straightforward. Australia has no capital controls or restrictions on outward remittances. You can wire funds to a Hong Kong bank account via telegraphic transfer (TT). However, be aware of:

• AUSTRAC reporting: International transfers of A$10,000 or more are reported to AUSTRAC (Australian Transaction Reports and Analysis Centre) for anti-money-laundering purposes. This is automatic and does not prevent the transfer.
• Exchange rate risk: AUD/HKD exchange rates fluctuate. Consider timing or hedging if the amount is significant.
• Bank fees: Australian banks charge TT fees (typically A$20-A$30 per transfer). The receiving Hong Kong bank may also charge an incoming wire fee.

10.4 Australian Tax Obligations for Non-Resident Estates

If the deceased was a non-resident of Australia for tax purposes (i.e., domiciled in Hong Kong), special tax rules apply:

• Only Australian-sourced income is taxable.
• Non-residents do not receive the tax-free threshold (currently A$18,200 for residents).
• Non-resident withholding tax may apply to interest, dividends, and royalties.
• CGT applies to "taxable Australian property" (mainly real estate and interests in Australian companies with substantial real property assets).

11. Typical Timeline and Costs

12. Document Checklist

13. Practical Tips and Common Mistakes