International Wills Attorneys

When faced with clients needing advice for property they own in a foreign country, some firms might simply advise a client to contact a foreign attorney in that country. However, to ensure that a client’s estate plan is valid in each country the client owns property, a thorough estate planner should have some basic knowledge of the ramifications of foreign ownership and inheritance laws in both the United States and abroad. The importance of having this understanding to provide competent advice to a client is becoming increasingly apparent, particularly as the population becomes more mobile.

Reach out to our international wills attorneys at Castro & Co. by contacting us online or calling (833) 227-8761 for help.

Multiple Situs Wills: A Different Plan in Each Jurisdiction

Many believe the easy answer that simply having a will drafted in each jurisdiction will alleviate any problems. Although it is true that having a will in the country where property is owned is preferred, in circumstances where property is owned in multiple countries the wills must be carefully drafted; otherwise, one last will and testament may ultimately revoke the other. If two wills are needed, it is critical that the two attorneys – one from each jurisdiction – work together and simultaneously. Everything should be carefully coordinated, and complementary language must be included.

It is possible to avoid revocation by drafting in the foreign jurisdiction a supplemental will covering only the property owned in that jurisdiction. Simply put, this is a foreign codicil to a domestic will. One must be careful with this method as well, however, to avoid revocation of any portion of the original domiciliary will. For instance, the supplemental will may only include the immovable property located in the foreign country, such as real property. The domiciliary will should also include a section referencing the supplemental will, and vice versa, so as to avoid any confusion.

Another problem arises when the foreign property is not addressed in either will. If an individual purchases property after the execution of a will and if he or she fails to update one or both wills, intestacy rules will then apply for that property, and any desires the client may have had regarding disposition will not be realized. Although intestacy laws among the states are fairly consistent, foreign intestacy laws often yield surprisingly different results.

Whether using two wills or a supplemental will, the cost of the estate plan may rise as the additional work and coordination requires a high level of precision. However, the potential present additional cost should be viewed as an investment. This investment will prevent unexpected additional costs and headaches during probate.