International Will: Definition, Validity and Probate

An international will provides a legal solution for individuals with assets in multiple countries, allowing their wishes to be respected across different legal jurisdictions. This document helps to simplify cross-border inheritance issues, especially when various national laws apply. Understanding the process of creating, validating, and executing an international will can ensure that estate plans are honored regardless of geographic boundaries.

What Is an International Will?

An international will is a legal document that ensures an individual’s estate is distributed according to their wishes in multiple countries. It is recognized under the UNIDROIT Convention (Convention Providing a Uniform Law on the Form of an International Will). It follows a standard form, making it valid across the countries that have adopted the convention. The international will helps avoid complications related to differing inheritance laws in various jurisdictions.

What Makes an International Will Valid?

Yes, an international will is valid when it meets specific formal requirements under the UNIDROIT Convention. These requirements include the presence of two witnesses, a qualified authorized person such as a notary, and the proper signing of the document by the testator, witnesses, and the authorized person. The will must follow a prescribed format the convention sets to ensure its acceptance in participating countries. This uniform process simplifies cross-border legal issues related to estate administration.

Is an international will valid in the US?

Yes, an international will is valid in the US, but only in states that have adopted the UNIDROIT Convention. The convention provides a standardized form for wills that is recognized in all member states. In the US, states like California have implemented laws accepting international wills, ensuring they are treated like domestic wills if they meet the necessary legal requirements under both state law and convention. However, not all states recognize international wills, so it’s important to confirm the rules specific to each state.

Is an international will valid in the UK?

Yes, an international will is valid in the UK. The UK has adopted the UNIDROIT Convention, which means international wills that meet the convention’s requirements are recognized as valid. As long as the will follows the proper formalities, such as being signed in the presence of two witnesses and an authorized person, the UK legal system will honor it for estate distribution across borders. This helps simplify probate matters for individuals with assets in multiple countries.

Which Countries Recognise International Wills?

The following countries recognize international wills under the UNIDROIT Convention:

1. Australia
2. Belgium
3. Bosnia and Herzegovina
4. Canada (certain provinces: Alberta, Manitoba, Newfoundland and Labrador, Ontario, Prince Edward Island)
5. Croatia
6. Cyprus
7. Ecuador
8. France
9. Italy
10. Libya
11. Niger
12. Portugal
13. Russia
14. Sierra Leone
15. Slovenia
16. United Kingdom
17. United States (certain states: California, Illinois, North Dakota)

What U.S. States Have Adopted Uniform International Wills Act

The following U.S. states have adopted the Uniform International Wills Act, recognizing international wills under the UNIDROIT Convention:

1. Alaska
2. California
3. Colorado
4. Delaware
5. District of Columbia
6. Illinois
7. Michigan
8. Minnesota
9. Montana
10. New Hampshire
11. North Dakota
12. Oregon
13. Virginia

Why Is International Estate Planning Important for Cross-Border Families?

International estate planning is important for cross-border families because it ensures that their assets are managed and distributed according to their wishes across multiple legal jurisdictions. Families may face conflicting inheritance laws in different countries without proper planning, leading to delays, legal disputes, and potential tax issues. International estate planning helps avoid these complications by creating a comprehensive strategy that considers the legal requirements of each country where assets are held. This is crucial for safeguarding wealth and ensuring that beneficiaries receive their intended inheritances, regardless of geographic boundaries.

What Are 6 Key Issues When Estate Planning With Foreign Property?

Several key issues must be considered when estate planning involves foreign property to avoid complications. These include:

1. Inheritance Laws in Foreign Countries

Different countries have varying inheritance laws, such as forced heirship, which requires certain family members to inherit a portion of the estate. Estate planning must account for these rules to ensure that the property is distributed according to your wishes while complying with local laws.

2. Tax Implications

Countries may impose various taxes on foreign property, including inheritance, estate, or capital gains taxes. Understanding these taxes is essential to avoid unexpected liabilities and ensure that beneficiaries are not burdened with high tax obligations.

3. Currency Exchange Rates

Fluctuations in currency exchange rates can affect the value of foreign property, potentially reducing or increasing its worth. Estate planning should address these risks to protect the value of assets for beneficiaries when currencies differ between countries.

4. Double Taxation Treaties

Double taxation treaties exist between some countries to prevent the same assets from being taxed twice once in the property country and once in the beneficiary country. Estate planning must consider these treaties to ensure taxes are minimized across jurisdictions.

5. Foreign Ownership Restrictions

Some countries restrict foreign ownership of property, limiting what non-citizens can inherit or own. Estate planners need to navigate these restrictions to ensure the smooth transfer of property to beneficiaries.

6. Legal Formalities for Property Transfer

Transferring property in a foreign country often requires meeting specific legal requirements, such as notarization, registration, or documentation in that country’s language. Estate planning must ensure all formalities are followed to avoid delays or complications in the transfer process.

Why Hire LegalPen to Help Create an International Estate Plan?

LegalPen is a leading expert in estate planning documents due to its extensive experience and in-depth understanding of cross-border legal complexities. With a focus on international estate planning, LegalPen ensures that all legal requirements are met in multiple jurisdictions, preventing costly mistakes and ensuring compliance with local and international laws. LegalPen offers personalized guidance, taking into account the unique circumstances of each client, including foreign tax laws, inheritance regulations, and property ownership rules. Their expertise guarantees that estate plans are thorough, legally sound, and tailored to protect assets globally.

Can You Apply for Probate Online?

Yes, you can apply for probate online in many jurisdictions. This process allows the executor or administrator of a probate estate to submit necessary documents electronically through the court’s online portal. Applying online simplifies the probate process by reducing paperwork and streamlining communication between the courts and the estate representatives. However, it is essential to check the specific rules and availability of online probate services in your location, as not all regions offer this option.

How to Apply for U.S. Probate From Abroad

Applying for U.S. probate from abroad requires following specific steps. Start by hiring a local probate attorney in the state where the deceased’s probate estate is located. The attorney will assist with filing necessary probate documents in the appropriate court. Many U.S. courts allow remote submissions, enabling you to file documents electronically or through mail. Depending on the state’s requirements, providing certified copies of death certificates, the will, and other relevant documents is necessary. Appointing a local representative to handle any in-person court proceedings may also be required.