International (Hauge) Wills
One of the best ways to prepare for death while owning property in a foreign country is to execute an international will. In 1973 in Washington, D.C., the International Institute for the Unification of Private Law (UNIDROIT) held the Convention Providing a Uniform Law on the Form of an International Will. The Washington Convention was held in hopes of creating an international will that would make estate planning with international ramifications more straightforward and uncomplicated.
The Convention did not and has not attempted to revoke or override the laws of signatory nations. It merely seeks to create a system of estate planning for those individuals who hold property and assets in a nation or nations other than their domiciliary country. Additionally, The Hague Convention on the Conflict of Laws Concerning the Form of Testamentary Dispositions provides cross-border will validity among signatory nations. Under both the Washington Convention and The Hague Convention there are certain requirements that must be met to ensure a testamentary instrument qualifies for cross-border validity.
The greatest benefit to an international will is the knowledge that, when drafted to meet the requirements set forth, the will is valid in any jurisdiction that has signed or enacted the Washington Convention, also known as the Uniform International Wills Act. Some of the major countries that have enacted the Uniform International Wills Act (UIWA) include: Belgium, Canada, France, Italy, Portugal, and Slovenia. Others countries are signatories to the treaty though they have not necessarily enacted the UIWA in whole include: Iran, the Russian Federation, the United Kingdom, and the United States.
Do You Need Help with an International Will?
If you need help with estate planning that includes assets and property overseas, turn to the international wills attorneys at Castro & Co. for help. He can help you establish a plan that makes the most sense for you, your estate, and your goals for how it should be handled upon your death.
Our attorneys are experienced in handling estate planning matters when it comes to domestic and foreign jurisdictions, and we can help you identify potential risks, pitfalls, and opportunities when it comes to building a plan for your estate.
Contact us online to set up your consultation so that we can learn more about your needs and offers options for how we can help you move forward.