The Australian Government has taken steps to simplify succession law in Australia by ratifying the Convention Providing a Uniform Law on the Form of an International Will 1973 (the Convention).
This Convention seeks to harmonise and simplify proof of formalities for Wills that have international characteristics and assets in more than one jurisdiction.
In line with the Convention, South Australia has amended the Wills Act 1936 (SA) to introduce a new form of Will, known as an “International Will”, which is recognised as a valid form in all counties that are party to the Convention.
The countries which are party to the Convention can be found here.
The requirements for an International Will include the following:
- The testator must sign the Will in the presence of two witnesses and a third person who is an “authorised person”.
- An “authorised person” is an Australian legal practitioner or a public notary of any Australian jurisdiction.
- The authorised person must provide a certificate, attached to the original Will, establishing that the obligations of the Convention have been complied with in the preparation and execution of the Will.
International Wills can assist in planning your estate.
Ask us how.