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Why a Will Is One of the Kindest Things You Can Do

Living in Bali offers something rare — freedom, perspective, community, and a different pace of life. But if you are an expat in a relationship with a foreign partner, there is one quiet question worth asking:

What would happen to everything you own if something happened to you tomorrow?

What Happens If You Don’t Have a Will?

If you die without a valid Will (known legally as dying intestate):

• The law will decide who inherits.
• That decision may not reflect your actual relationships.
• Unmarried partners may need to prove de facto status.
• Overseas assets may require separate court processes.
• Administration can become expensive and slow.

In cross-border situations — particularly where assets are in Australia and relationships are in Indonesia — intestacy can be particularly disruptive. What you assume will happen… often doesn’t. Clarity avoids conflict and agreements prevent disagreements. Where there is a will, there is a way!

De Facto and Cross-Cultural Relationships

Under Indonesian law, foreign investment companies (PMAs) must be set up as Limited Liability Companies (PTs). 

Business Licences for PT PMA 

Under Australian law:

• A de facto relationship may be recognised if you have lived together on a genuine domestic basis for two years or more (and sometimes less, depending on circumstances).
• Financial interdependence, shared household arrangements and public presentation of the relationship can all be relevant.

Under Indonesian law:

• The framework is different.
• Property ownership structures operate differently.
• Assets held in different names may be treated differently.

This means assumptions can be dangerous. A properly drafted Will ensures your intentions are recorded clearly, regardless of relationship complexity or jurisdictional differences. It protects both you, your partner and your loved ones.

What Makes a Will Valid?

If your primary assets are in Australia — for example in the Northern Territory or Victoria — your  Will must comply with Australian law.

Generally, it must:

• Be in writing
• Be signed by you
• Be witnessed by two independent witnesses present at the same time

Remote or electronic signing is not currently recognised under certain jurisdictions. Execution matters. Small mistakes can create large consequences.

Common Terms Explained

Beneficiaries

The people or organisations who receive something under your Will.

Estate

Everything you own in your personal name at the time of death.

Testamentary Capacity

The legal ability to understand what you are doing when you make a Will.

Intestacy

Dying without a valid Will — meaning legislation determines distribution.

Why This Matters

A well-drafted Will:

• Protects your assets across borders
• Reduces dispute risk
• Clarifies your intentions
• Provides certainty for family
• Supports smooth administration

A Supportive Path Forward

Many expats delay making a Will because it feels overwhelming — especially when relationships and assets span multiple countries It doesn’t need to be complicated.

We offer:

✔ A Guided Will Kit

A structured, easy-to-complete document tailored for Australians living overseas, with guidance

on:

• Cross-border assets
• De facto relationships
• Personal effects and sentimental items
• Executor selection
• Superannuation considerations

✔ Online Consultation (Confidential & Practical)

A focused consultation to:

• Clarify your relationship status
• Identify risk areas
• Align your Will with Australian law
• Ensure clean execution
• Provide peace of mind

This is not about fear. It’s about certainty and agreements prevent disagreements.

Final Thought

If you live abroad, your estate planning should reflect that reality. A Will ensures that your wishes — not default rules — guide what happens next. Getting your house in order is one of the most practical acts of care you can take — for yourself and for those you love.

If you’re ready to take that step, our Will Kit and online consultation are designed to make it clear, calm and straightforward. Because clarity protects everyone.

Where there is a will, there’s a way!