Understanding International Wills
Oct 21, 2024
In our previous discussions, we explored the complexities of estate planning for individuals with foreign property. If you own international assets or your estate spans multiple countries, creating an internationally recognized Last Will and Testament is one of the best ways to ensure that your wishes are honored.
What is an International Will?
Generally, Wills share similar characteristics across the globe. In jurisdictions that recognize Wills, there are common requirements that must be met, including:
- The Will must be in writing.
- It should clearly describe your assets.
- It must outline how you want your assets to be distributed.
- It needs to be signed by two or more witnesses.
While these requirements may seem straightforward, it’s essential to recognize that each jurisdiction has its own specific regulations regarding Wills. For individuals holding assets abroad, collaborating with an experienced estate planning attorney is crucial to ensure that your Will complies with both U.S. law and the laws of the foreign country where your assets are located.
The Importance of International Recognition
To tackle the variations between jurisdictions, representatives from various countries established the Convention Providing a Uniform Law on the Form of an International Will. This convention outlines the specific criteria that a Will must meet to fulfill the international standards for administration in each signatory country. In essence, for your Will to be effective in any of the 21 nations that have adopted this convention, it must adhere to its requirements. Simply having a valid Will in one jurisdiction doesn’t guarantee its validity in others unless it complies with the convention’s stipulations.
However, if you own property or assets in a country that has not signed the convention, your Will can still be effective. In such cases, it is vital to understand the estate planning laws in that country. A knowledgeable estate planning attorney can provide valuable guidance on navigating these legalities and help tailor your Will to meet both foreign and U.S. requirements.
By working with legal experts to draft an international Will, you can significantly enhance the likelihood that your wishes will be honored when it comes to the distribution of your estate after your passing.
CONVENTION PROVIDING A UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL
Adoption: Place: Washington
Date: 26.10.1973
Entry into force: 09.02.1978 (Art. XI)
Contracting States: 13
Depositary: Government of the United States of America
| State | Signature | RT / AS | EIF | D | |
|---|---|---|---|---|---|
| Australia | – | AS | 10.09.2014 | 10.03.2015 | – |
| Belgium | 17.05.1974 | RT | 21.04.1983 | 21.10.1983 | – |
| Bosnia-Herzegovina * | – | AS | 15.08.1994 | 15.08.1994 | – |
| Canada | – | AS | 24.01.1977 | – | D: Art. XIV |
| Croatia * | – | AS | 18.05.1994 | 18.05.1994 | – |
| Cyprus | – | AS | 19.10.1982 | 19.04.1983 | – |
| Ecuador | 26.07.1974 | RT | 03.04.1979 | 03.10.1979 | D |
| France | 29.11.1974 | RT | 01.06.1994 | 01.12.1994 | – |
| Holy See | 02.11.1973 | – | – | – | – |
| Iran | 27.10.1973 | – | – | – | – |
| Italy | – | AS | 16.05.1991 | 16.11.1991 | D: Arts. I, II, III |
| Laos | 30.10.1973 | – | – | – | – |
| Libya | – | AS | 04.08.1977 | 09.02.1978 | – |
| Niger | – | AS | 19.05.1975 | 09.02.1978 | – |
| Portugal | – | AS | 19.11.1975 | 09.02.1978 | – |
| Russian Federation | 17.12.1974 | – | – | – | D: Art. XIII |
| Sierra Leone | 27.10.1973 | – | – | – | – |
| Slovenia | – | AS | 20.08.1992 | 20.08.1992 | – |
| United Kingdom | 10.10.1974 | – | – | – | – |
| United States of America | 27.10.1973 | – | – | – | – |
* Dates of notification of succession to the Convention by Bosnia-Herzegovina, Croatia and Slovenia. The former Socialist Federal Republic of Yugoslavia deposited an instrument of accession to the Convention on 9 August 1977.
The Republic of China signed the Convention on October 27, 1973. Effective January 1, 1979, the United States recognized the People’s Republic of China as the sole legal governement of China.
The Czechoslovak Socialist Republic (Czechoslovakia) signed the Convention on December 30, 1974. On December 31, 1992, at midnight, Czechoslovakia ceased to exist and was succeeded by two separate and independent States, the Czech Republic and the Slovak Republic.