INTERNATIONAL WILLS

Well, we all know that one should have a Will and in this day and age, one should not wait to get older to make a Will. Every Adult should have a Will. In this global age, where people and assets are spread out, it becomes imperative to look into already existing mechanisms to simplify paperwork, one of which is the 1973 Convention to provide for a uniform form for International Wills held in Washington D.C  “Convention”. The United States has adopted the The Uniform International Wills Act (“Act”).

 

Most Jurisdictions have similar requirements for a Will. Compliance with few additional requirements makes it an International Will.

 

For instance, in Texas, for most Wills it must be in writing, the testator must be 18 years or older or lawfully married or member of armed forces and Will must be attested by two or more credible witness above the age of 14.

 

Per convention, the validity of the Will does not depend on the location of the testator, location of assets, or the nationality of the person.

 

One can easily make it an International Will by additionally ensuring:

i.               Each person makes a Will i.e. No Joint Wills;

ii.              The person making the Will must sign it in the presence of two witnesses and the authorized person;

iii.            authorized person then signs a certificate in a format similar to the one mentioned in the act  confirming that the rules have been complied with.

   

Some of the problems that can arise though with International Wills, are that not all countries have adopted the Convention and within the Country not all states have adopted it. However, the Act does provide that the invalidity of the will as an international will shall not affect its formal validity as a will of another kind. This is important to know as, for instance, Texas has not adopted the Act, but California has. 

 

The other issue is that though the form of making a Will is followed, the succession laws of each country may have different implications.  Hence, one must consider these factors while making an International Will. 

 

 

 

Disclaimer: 

NO LEGAL ADVICE & NO ATTORNEY CLIENT RELATIONSHIP.

 The information provided here is for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this article or post should be construed as legal advice nor is it intended to be a substitute for legal counsel. Please seek the appropriate legal advice on the your particular facts and circumstances at issue from a lawyer licensed in the your state, country or other appropriate licensing jurisdiction. We welcome your feedback or questions and you can do it by emailing at Ashima@ashimachocklaw.com. However, your receipt of information from here or emailing us does not create an attorney-client relationship between you and Ashima Arora Chock Law Firm. Well, we all know that one should have a Will and in this day and age, one should not wait to get older to make a Will. Every Adult should have a Will. In this global age, where people and assets are spread out, it becomes imperative to look into already existing mechanisms to simplify paperwork, one of which is the 1973 Convention to provide for a uniform form for International Wills held in Washington D.C  “Convention”. The United States has adopted the The Uniform International Wills Act (“Act”).