By Ron Cohen

3 November 2015

Australia has signed a Convention providing for the recognition of the formality of International Wills, whereby participating Countries mutually accept the validity of such Wills without the necessity of enquiring as to whether a Will complies with the formality of the participating Country.

  • In order for this to apply, there are additional formal requirements that must be followed when making a Will in Victoria.
  • Many Countries are Party to this Convention
  • It may now be unnecessary to have multiple Wills for overseas assets.
  • An international Will will be recognised as a valid form of Will by Courts of Countries party to the Convention, irrespective of where the Will was made, the location of assets or where you live.

If you think that this may be relevant to your situation, please do not hesitate to contact us to check the whether a relevant Country is a party to the Convention, what steps you should take to implement the necessary new formalities, or whether you have any other queries in regard to International Wills.

 

For more information please contact Ron Cohen or a member of our Wills and Estates Team.

Related Articles

View All
Australia-Israel Legal Advice / Charities & Not-for-Profit / Technology and Start Ups

TLFC – Award Finalist for Law Firm of the Year (Medium Category)

Tisher Liner FC are proud to be nominated as an award finalist in the 14th annual Victorian Legal Awards Medium Law...
Read More
Wills, Estates & Probate

No Will, No Way

Apart from passing away intestate, there are other less obvious consequences If you are a sole company...
Read More
Wills, Estates & Probate

Who Gets What? Specific Gifts in Wills

Some common pitfalls include: Ambiguously identifying a specific gift so that the executor cannot readily ascertain...
Read More
Wills, Estates & Probate / Health & Aged Care

Estate Planning for Loved Ones with Special Needs

If you are planning on making a Will with the intention of benefiting a severely disabled beneficiary (whether...
Read More
Wills, Estates & Probate / Family Law

Wills, marriage and divorce

Pursuant to Section 13 of the Wills Act, 1997, a Will is revoked by the marriage of the Testator Therefore, if you...
Read More
Wills, Estates & Probate

Duties of an attorney appointed under an enduring power of attorney

A recent judgement in DJB (Guardianship) [2010] VCAT 280 extends the duty of an attorney, under an enduring power of...
Read More
Wills, Estates & Probate

Do you have a Will? Has it been updated recently? Have you adequately preserved your assets for your family?

Over time, your circumstances change and so does the need to update your Will regularly to consider your future...
Read More
Wills, Estates & Probate

How much freedom do you really have when making a Will?

Many are surprised to learn that whilst the law recognises that Willmakers have freedom to dispose of their estate as...
Read More