International Wills: Why Notarisation Under International Convention is Essential

Understanding International Wills

An international will is a legal document that ensures the validity and execution of a person’s testamentary wishes across multiple countries. This is particularly important for individuals with assets or beneficiaries in different jurisdictions. Without proper international recognition, a will may be deemed invalid in certain countries, leading to complications and potential disputes.

The Importance of Notarisation Under International Convention

To ensure the global validity of an international will, it must be notarised under the terms of the Hague Convention on the Form of a Testamentary Disposition. This international treaty establishes standardised requirements for the execution of wills, making them legally enforceable in signatory countries.

Here’s why notarisation under the Hague Convention is crucial:

Uniformity and Recognition: The Convention provides a common framework for the form and execution of wills, ensuring that they are recognised and respected by participating countries. This eliminates the need for complex legal procedures to validate a will in different jurisdictions.
Legal Certainty: By adhering to the Convention’s requirements, individuals can be confident that their testamentary wishes will be honored, regardless of where they reside or where their assets are located. This reduces the risk of legal challenges and disputes.
Convenience and Efficiency: The Convention simplifies the process of executing international wills, saving time and effort for both the testator and their legal representatives. It also reduces the likelihood of costly legal battles.

Key Requirements for Hague Convention Wills

To be valid under the Hague Convention, an international will must:

Be in writing: The will must be handwritten or typed.
Be signed: The testator must sign the will at the end or have it signed for them in their presence.
Be witnessed: The will must be witnessed by two individuals who are present at the time of signing.
Be notarized: A qualified notary public must certify the will, confirming that it meets the requirements of the Convention.

If you have assets or beneficiaries in multiple countries, an international will notarised under the Hague Convention is essential to ensure that your testamentary wishes are honored globally. By following the standardised requirements outlined in the Convention, you can avoid legal complications and provide peace of mind for your loved ones.

Would you like to learn more about international wills or the Hague Convention?