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Garson

International Family Disputes

International Will

Drafting an international will is a crucial step for individuals with assets or interests in multiple countries. This process ensures that their wishes are respected after their death, despite the legal complexities associated with managing assets across different jurisdictions.

Legal Issues of International Wills

 

International wills raise several fundamental legal questions:

 

  1. Validity of the Will: The validity of an international will depends on its compliance with the laws of each jurisdiction where the assets are located. It is essential that the will meets the legal requirements of each concerned country to avoid disputes.

 

  1. Conflict of Laws: Succession laws vary significantly from one country to another. Some countries apply the law of the deceased’s residence, while others rely on nationality or the location of the assets. The European Succession Regulation, for example, allows individuals to choose the national law that will govern their succession.

 

  1. Recognition and Enforcement: A will drafted in one country must be recognized and enforced in another. This may involve complex legal procedures, including official translation of documents and their authentication.

 

Practical Issues

In addition to legal challenges, international wills present practical issues:

 

  1. Language of the Will: To be valid, a will often needs to be drafted or translated into the official language of the country where it will be executed. This requires precise legal translation to avoid misunderstandings or errors in interpretation.

 

  1. Coordination Between Jurisdictions: Managing an international will may involve coordinating judicial procedures in multiple countries. This requires a thorough understanding of legal systems and the ability to navigate them effectively.

 

  1. Preventing Disputes: Drafting an international will should anticipate potential conflicts among heirs. Careful planning and clear communication of the testator’s wishes can help prevent future disputes.

 

Our Services

Our firm, with its expertise in international law and litigation, assists clients in drafting international wills. We ensure that the will meets the legal requirements of all relevant jurisdictions, guaranteeing its validity and execution. With our multilingual team and experience in cross-border succession management, we provide smooth and efficient coordination of necessary procedures. Contact us for professional and personalized assistance in drafting your international will.