If your life crosses borders, chances are your estate will too. Whether you own a home abroad, invest internationally, or simply have loved ones living in different countries, estate planning becomes a global affair. And with that comes added complexity and the need for clarity. A standard domestic will sometimes just isn’t enough. What you need is an estate plan that speaks more than one legal language, and ideally, one that prevents your family from dealing with cross-border disputes at one of life’s most emotionally difficult times. That’s where international wills come in.
What is an international will?
An international will is a specific type of estate planning document created under the 1973 UNIDROIT Convention, formally known as the Convention Providing a Uniform Law on the Form of an International Will. The goal of the convention was to create a standardized will format that would be recognized across participating countries. Under this model, a will can be written in any language, doesn’t need to follow local customs (like being handwritten), and is still valid as long as it follows the formal structure outlined by the convention. This type of will was meant to be particularly useful for expats, dual citizens, anyone with real estate, business holdings, property, or family members and beneficiaries in more than one jurisdiction. Unlike a traditional will that may or may not be valid outside the country where it was signed, an international will is designed to be universally recognized in all countries that have adopted the convention.
Requirements for a valid & enforceable international will
To be valid, the international will must be signed by the testator (the person making the will) in front of two witnesses and certified by an authorized official such as a notary or attorney. It must also include a special attestation certificate confirming that it meets international standards and be sealed and stored according to the convention’s procedures. While it doesn’t override local inheritance laws or taxes, this process ensures that the will itself is accepted as legally valid in multiple countries, helping to simplify estate administration across borders. France, Italy, Belgium, and parts of Canada are some of the countries that have adopted the treaty.
However, not all countries have adopted the convention. The United States has signed but not ratified it at the federal level. That said, some U.S. states, like Nevada, do recognize international wills, and more may follow in the future. Even in states that haven’t formally adopted the convention, courts may still give weight to a will that complies with it, especially if other aspects of the estate plan are clear and well-documented. If you’re curious about whether an international will is accepted or might be upheld by a court in your state, contact a local estate planning attorney in your area.
Why a local will may not be enough
Every country has its own rules about what makes a will valid. Some require notarization, others demand handwritten documents or formal translations. A will that meets every requirement in Florida could be considered invalid, or even ignored completely, in France, Mexico, or Japan. And then there are the countries with “forced heirship” laws, which automatically assign a portion of your estate to certain family members, regardless of your written wishes. That can be especially tricky in parts of Europe, the Middle East, and Latin America.
If your estate plan doesn’t account for these legal nuances, your assets may get tied up in lengthy court proceedings, frozen by foreign banks, or distributed in ways you never intended. Loved ones may be forced to litigate across multiple jurisdictions, incurring substantial legal fees and emotional stress. Worse still, your most important wishes, like who should receive your home, business, or heirlooms, might be overruled entirely.
When you may need more than one will
In many cases, an international will isn’t enough on its own. If you own real estate in countries with strict inheritance laws or significantly different probate systems, it’s often recommended to execute a secondary will that complies with local law in that country. For example, someone with a vacation property in Italy might create one will under U.S. law for their global assets, and a separate Italian will for that specific property. Doing so ensures that the local court recognizes the will without unnecessary delays or challenges.
Of course, if you go this route, coordination is critical. Your various wills should be drafted with extreme care so that one does not unintentionally revoke or override another. This is why estate planning in international contexts often requires coordination between attorneys licensed in each relevant jurisdiction. And it’s why, if you use a DIY will template, make sure it’s a platform that considers each jurisdiction’s specific and nuanced laws and includes the opportunity to hire attorney services for review and guidance.
Trusts are another essential and useful estate planning tool
Another option, especially for those concerned with ongoing management or asset protection, is the use of a trust. While trusts are not recognized in all civil law countries, many of which don’t have the same concept of a trust as in the U.S. or U.K., they can still offer streamlined management of assets held in common-law jurisdictions. In other words, you might use a U.S.-based revocable trust to manage your domestic assets while relying on a localized will or estate structure abroad.
Legal and tax complexities
There are many formalities to meet when estate planning across borders, but it’s also critical to properly navigate conflicting tax systems. Some countries impose inheritance taxes, others assess estate taxes, and many have no exemptions for foreign beneficiaries. Without a coordinated plan, your heirs may face double taxation, or worse, lose out on what you intended for them entirely. For example, the U.S. currently has estate tax treaties with countries like the United Kingdom, Germany, and Canada, which help reduce the risk of double taxation. But if you hold assets in a country without such a treaty, say, Argentina or the Philippines, those assets could be taxed both where they are located and where you reside at the time of death. By working with an estate planning attorney who understands international tax issues, you can often structure your plan in a way that minimizes liability.
The importance of understanding domicile
It’s also important to consider the definition of “domicile,” which plays a big role in determining which country’s laws and taxes apply to your estate. Domicile isn’t just where you live, it’s where you consider your permanent home, and it’s a legal status that can be interpreted differently depending on the country. For example, the United States may consider someone domiciled there based on long-term residence and intent to remain, even if they spend much of the year abroad. Meanwhile, other countries may look more strictly at tax residency or cultural ties, which can result in overlapping claims and conflicting tax obligations if your status isn’t clearly defined in your estate plan.
Language, translations, and documentation
Even if your will is valid, delays can arise if foreign courts require translations, legalizations, or apostilles. Apostilles are certificates verifying that a document is official. For this reason, it’s smart to store signed copies of your will in both English and the primary language of any country where you hold property. Having dual-language versions that are properly notarized and stored with your attorneys can ease the burden on your executor and save your family months, sometimes years, of procedural hassle. Also, be sure your executors or trustees understand what assets are where. Keeping a master inventory stored securely but accessibly can help bridge the gap between different legal systems and reduce the chance of confusion or oversight.
Final thoughts on international wills for cross-border estates
International wills aren’t just for celebrities or the ultra-wealthy. They’re for anyone whose life touches more than one country. Maybe you’re an American with property in Spain or a dual citizen who splits time between California and Toronto. Or maybe your children live abroad, and you want to be sure your assets are distributed smoothly. Whatever your specific circumstances, you’re doing the right thing trying to understand how international wills work, and where their limitations lie, can help you protect your legacy across continents.
A carefully constructed plan ensures that your life’s work passes smoothly to the people and causes you care about, regardless of borders or bureaucracy. While international wills offer a powerful tool, they’re most effective when paired with country-specific documents, tax-conscious planning, and careful coordination. So, keep reading up on international wills and talk with an estate planning attorney who can help guide you on your international estate planning journey. You deserve a well-craft estate plan that’s as global as your life!
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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