Validity of a will executed in a foreign place

GENERAL RULE ON THE VALIDITY OF A WILL SIGNED IN A DIFFERENT COUNTRY

1. A Will is thought to be properly carried out if the way it is carried out is in line with the local law.

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1. B) where the testator lived most of the time, either when the Will was written or when the testator died; or
2. C) of which the testator was a citizen either when the Will was written or when the testator died.
3. If this is the case, a Will that uses a power of appointment is not considered to have been wrongly executed just because it wasn't made with the formalities required by the document that gave the power.
4. The following wills are also considered to have been carried out correctly:
5. B) a Will, to the extent that it deals with immovable property, if it was made in accordance with the local law where the property is located; or
6. A) the place where it was done; or
7. D) a Will, to the extent that it exercises a power of appointment, if the Will was made in accordance with the law that says how the power can be used.
8. C) a Will, insofar as it revokes a Will or part of a Will that has already been executed, to have been properly executed in accordance with any law that would have considered the earlier Will or part of the Will to have been validly executed; or
9. A) a Will written on board a ship or plane if it was written in accordance with the law of the place where the ship or plane was registered and other relevant facts; or

Despite all of this, we want to stress that it is better to make a Will that meets all of the local requirements. This is better than having to prove both that the Will is real and that it was written in the country where it was originally signed.