Introduction to International Wills
International estate planning can be complex. A person may live in one country, hold assets in another, and have beneficiaries in several jurisdictions. Each country may have different rules for making a valid will. These differences can create uncertainty when an estate has an international element.
International wills were developed to reduce that uncertainty. Their purpose is to provide a recognised form of will that can be accepted across participating countries.
The UNIDROIT Convention
Developed by the International Institute for the Unification of Private Law (UNIDROIT), the Convention Providing a Uniform Law on the Form of an International Will 1973 (Convention) introduced a procedure for preparing and executing an international will.
The Convention does not replace domestic wills (local wills). It also does not determine all issues concerning succession, taxation or estate administration. Its primary function is to establish a recognised form for the execution of an international will.
What is an International Will?
An international will is a will executed in accordance with the Convention Providing a Uniform Law on the Form of an International Will 1973. Its formal validity remains effective regardless of the place where it was made. It also remains valid irrespective of the location of the assets or the nationality, residence, or domicile of the testator.
This differs from an ordinary domestic will. A domestic will is generally prepared and executed under the law of a particular jurisdiction.
An international will can therefore be useful where a person has assets, family or other interests in more than one country.
International Will Requirements
International will requirements include:
- the will must be in writing;
- the testator must declare, in the presence of two witnesses and an authorised person, that the document is their will and that they know its contents;
- in the presence of the witnesses and authorised person, the testator must sign the will or acknowledge their existing signature; and
- the witnesses and authorised person must sign the will in the presence of the testator.1
In South Australia, the authorised person may be an Australian legal practitioner or a public notary of any Australian jurisdiction.2
There are additional requirements concerning the preparation, signing and certification of an international will. Legal advice should be obtained to ensure the will is prepared and executed in accordance with the Convention.
A notary public can also be useful in international estate planning. Notaries regularly deal with documents intended for use overseas, and can assist with execution formalities, identity verification and certification. They may also assist where foreign authorities require notarised documents or further authentication. This can be especially valuable where an estate includes overseas property or where documents will need to be produced to foreign courts, registries or professional advisers.
International Will Countries
International wills are recognised in Australia. The Australian Government acceded to the Convention, which entered into force for Australia on 10 March 2015. All states and territories have passed legislation to give effect to the convention.3
The Convention currently has 13 contracting states:
- Australia
- Belgium
- Bosnia and Herzegovina
- Canada
- Croatia
- Cyprus
- Ecuador
- France
- Italy
- Libya
- Niger
- Portugal
- Slovenia
The countries listed above are current contracting states to the Convention. Several other countries have signed the Convention, but have not become contracting states. Accordingly, signature alone does not mean the Convention is in force in that country.
Lawyers for International Wills in Australia
An international will may be suitable where a person has overseas assets, beneficiaries abroad or other cross-border estate planning needs. The appropriate structure will depend on the assets involved and the laws of the relevant countries.
Wadlow Solicitors can assist with international wills, international estate planning and notarial services.
Contact Wadlow Solicitors or call (08) 8212 2955 and schedule an appointment with our international estate planning team or Blake Wadlow, Notary Public.
1 Convention Providing a Uniform Law on the Form of an International Will (opened for signature 26 October 1973), Annex, Uniform Law on the Form of an International Will, arts 3–7, 9–10 and 13, UNIDROIT <https://www.unidroit.org/instruments/international-will/>
2 Succession Act 2023 (SA) s42
3 Australian Government Attorney-General’s Department, ‘International Wills’ (Web Page) <https://www.ag.gov.au/international-relations/private-international-law/international-wills>
