What is an International Will?

In 1973, a number of countries held a convention in an attempt to make Wills recognizable across international boundaries. These countries sought to create a set of minimum standards to make Wills legally acceptable in each nation that signed the convention. The intention was to limit conflict of laws issues that arise when a testator dies with assets in multiple jurisdictions.

The benefit of an international Will is that courts within countries that have adopted the law will uphold its validity regardless of where the Will was signed, or where the testator’s assets or domicile are located. According to the Uniform International Wills Act, in order for a Will to be recognized internationally, the document:

1. Must be made in writing;

2. Can be written in any language;

3. Need not be written by the testator;

4. Must be signed and dated in the presence of two witnesses and a person who has the authority to draw up the document;

5. Must have an attached certificate, signed by a lawyer, confirming that the necessary requirements and procedures have been met.

Applicability of International Wills

Although the minimum standards required of international Wills sound straightforward, it is important to note that the benefits of international Wills are not available to everyone.

For example, if you complete a Will that meets these minimum standards, then so long as you reside in a country that abides by the requirements of the Convention Providing a Uniform Law on the Form of an International Will (also known as the “Washington Convention”), your international Will is valid across boundaries of those other signatory nations. However, not every country that signed the convention in 1973 introduced the necessary domestic legislation required to formally recognize international Wills.

As such, anyone considering an international Will should understand that their applicability is actually quite narrow. Only twelve countries have introduced the requisite domestic legislation to recognize international Wills: Australia, Bosnia-Herzegovina, Belgium, Canada, Cyprus, Ecuador, France, Italy, Libya, Niger, Portugal, and Slovenia.

This list is further limited by the fact that some provinces of signatory nations are not included among those that recognize international Wills, and some states from nations that are not on the above list actually do recognize international Wills. For example, although Canada is on the list, Quebec has not enacted the necessary legislation that the other nine provinces have to recognize international Wills. Similarly, although the United States is not on the list, fifteen jurisdictions within that country actually have passed the necessary legislation to recognize international Wills.[1]

Limited Use in Practice

Whether or not an international Will would benefit you depends on what type of property you own, and where it is located. For example, if you own land in Ottawa and France, then an international Will is something you may consider discussing with your lawyer because both jurisdictions acknowledge the validity of international Wills. However, if you own land in Ontario and Scotland, the benefits of an international Will would be lost because it would not be valid in both jurisdictions.

In spite of the fact that the practicality of an international Will in the right circumstances is self-evident, it is rarely used at all in Canada.

Conclusion

If you own real property in more than one country, then you should seek legal advice to determine if it would be advantageous to have an International Will or multiple Wills in every jurisdiction where you own property.

[1] Those jurisdictions are: Alaska, California, Colorado, Connecticut, Illinois, Michigan, Minnesota, Montana, New Hampshire, New Mexico, North Dakota, Oregon, Virginia, and Washington DC.