Perpetuating the prejudice against non-residents
Thanks Debbie, your radio advice is just "great".
This is radio interview and article self-promoting the firm's will and estate planning services is typical of the advice peddled by legal advisors and professionals. Any search online for the terms "non-resident" and "executor" will yield a multitude of advice warning against appointing someone who does not reside down the road from you as an executor.
Debbie Sage
An example of lawyers that perpetuate the fear and prejudice of the "foreigner" executors.
From my personal experience, despite all of the places that I've lived, worked and travelled - Australia and particularly Perth in Western Australia remains at the top of the leaderboard, taking the prize for being the most racist of all. I have never experienced racism or have been the subject of race-related prejudice on a scale comparable to that of Perth and its local citizens.
Foreigners and non-residents
Regarding Debbie, the Wills & Estates Partner at Attwood Marshall and her use of the word "foreign" interchangeably with "non-resident" when describing the implications for being appointed as executor, you would hope that Debbie understood the difference between a foreigner and a non-resident citizen. The law clearly makes the distinction - which I will reiterate here as Debbie was clearly too busy cautioning the general public on the dangers and issues that could arise if you appoint your child that has left the country to get a real job, as the executor to your estate.
Foreign Residents: In the context of taxation, a foreign resident is someone who doesn't reside in Australia and doesn't meet the criteria to be considered an Australian resident for tax purposes. This includes not having a domicile in Australia or not being physically present in Australia for a substantial period (more than half of the income year) without an intent to establish residence. Foreign residents are required to declare income earned in Australia, such as employment income and rental income, but they don't have a tax-free threshold and are not required to pay the Medicare levy.
Non-Resident Citizens: These are Australian citizens who do not reside in Australia. Their tax obligations depend on various factors, including the duration and purpose of their absence from Australia and their residential ties to the country. Non-resident citizens are typically taxed only on their Australian-sourced income and are not taxed on foreign income.
Australian human rights ....
In terms of legal rights and justice, the Australian Human Rights Commission states that human rights are not restricted to citizens. This means that both foreigners and citizens, irrespective of their residence status, are entitled to certain fundamental rights under the International Covenant on Civil and Political Rights (ICCPR). These rights include the right to life, freedom from torture, the right to liberty and security, equality before the law, and the right to a fair trial, among others.
You may reside in a foreign country or jurisdiction but if you were born in WA, you're likely to also be an Australian citizen. As an Australian citizen you are also obliged and must comply with the laws of Australia, just as anyone within the borders of Australia.
If you break the law and you reside overseas ...
In Australian law, the process of extradition, as governed by the Extradition Act 1988, applies to both Australian felons residing overseas and foreign nationals residing in their own country. This Act outlines the legal framework for Australia to request the extradition of individuals from other countries, as well as for foreign countries to request the extradition of individuals from Australia. The key element in extradition proceedings is whether the person in question is accused or convicted of a crime that is recognised as an offense in both Australia and the country where the person currently resides.
The extradition process involves several stages, including the submission of a formal request, the determination of the eligibility for extradition based on the nature of the offense, and the consideration of any legal or humanitarian reasons that might prevent extradition. The specific application of these procedures can vary depending on whether the person is an Australian citizen or a foreign national, and the country where they are located, particularly in relation to existing extradition treaties or agreements with Australia.
Therefore, while the general principles of extradition apply to both Australian citizens abroad and foreign nationals, the individual circumstances of each case, including the person's nationality and location, play a significant role in the extradition process.
