International Wills

Do you own property in many countries? Do you have a Will in each country or one Will that covers all the property? If not, do you know what will happen with your property when you die?

In terms of International Law, Wills drafted in one country may be valid and binding in another if:

  • The Will meets the legal requirements of the country in which it is drafted; and
  • The relevant countries are signatories of the Convention.

Who can benefit from an International Will drafted in South Africa:

  • South Africans who own property outside of South Africa (regardless of where they are living now)
  • Non-South Africans who own property in South Africa and elsewhere (regardless of where they are living now)

The laws of the country in which you own property will still apply to property located in that country. It is important for whoever drafts your International Will to research the Succession Law of every single country where you own property and to draft your Will taking those laws into account.

REQUIREMENTS

  • The same requirements as apply for a Standard Will: https://hurdlehop.co.za/last-will-and-testament/
  • You need to own property (in any form) in South Africa or currently be residing in South Africa.
  • A list of countries in which you own property.
  • Type of property owned in each country: eg. movable, cash, immovable property: This is important as some countries Succession Laws take into account where the property is located and what type of property is involved.

PROCESS:

  1. You send me a list of the countries in which you own property.
  2. I check that the countries are signatories to the Convention.
  3. You send me any other information and documentation I require.
  4. You pay our fee.
  5. Your will is drafted.
  6. Consultation and signature: if you are in South Africa - Otherwise: The Will is sent to you with instructions for signature at a South African Embassy.*
  7. Your original Will is handed to you for safekeeping: if you are in South Africa - Otherwise: After signature you forward a copy of the Will to me so that I can confirm correct signature.*

*The Will must be signed in South Africa and thus, if you are out of the country, you must sign at a South African Embassy.

NEED AN INTERNATIONAL WILL?

This service includes:

  • Research of the Succession Law of each country in which you own property*
  • One draft of your International Will*
  • Checking of signature after the fact (if you reside outside of South Africa)
  • 30 minute consultation **


* Two countries: Thereafter an extra charge will be charged for each extra country.

**The price includes one draft and one revision. Further revisions will be charged for per page.

***Further consultations are charged for by the hour (or proportionate per part thereof).

***(Our fees are all inclusive and payable in advance. )***

Got a Question About Wills?

Call or email me for more information.

Cell: 082 567 7496

Email: monicas@yhp.co.za

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