Uniform International Wills Act

The Convention Providing a Uniform Law on The Form of an International Will also known as the Uniform International Wills Act (UIWA) was signed by the United States on October 27, 1973. The UIWA provided a set of requirements for a will to be considered an “International Will” and thus be acceptable in any of the signatory countries. Although the US is a signatory, interestingly, not every state has enacted UIWA. Current states are Alaska, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Michigan, Minnesota, Montana, New Hampshire, New Mexico, North Dakota, Oregon and Virginia. California has enacted the act as Probate Code Sections 6380-6390.

Creating an International Will is more burdensome but is convenient for individuals owning property in two signatory countries or moving to another signatory country. Other signatory countries are Belgium, Bosnia, Ecuador, Herzegovina, Canada, Cyprus, France, Italy, Libya, Niger, Portugal, and Slovenia.

To create an International Will, the testator (person creating the trust) must create a will that is written in his own hand, the hand of another, or “by any other means.” The will can be in any language. The testator must sign the bottom of the will in front of two witnesses and an “authorized person.” Finding an authorized person is the burdensome step. An authorized person is defined as members of the diplomatic and consular service of the United States designated by Foreign Service regulations. Additionally, each page shall be numbered and signed by the testator. The witnesses and the authorized person will then sign and attest the will. The authorized person must then attach to the will a certificate establishing that the requirements of the UIWA have been fulfilled. 

The UIWA has great potential and could streamline international property disposition in an increasingly global world. However, like all international cooperation efforts, international state commitment has come up flat with only 12 signatory countries.