Validity of a will executed in a foreign placePosted by Nick Niesen on October 27th, 2010 GENERAL RULE AS TO VALIDITY OF A WILL EXECUTED IN A FOREIGN PLACE 1. A Will is to be taken to be properly executed if its execution conforms to the Internal Law in force in the place:- * a) where it was executed; or 2. The following Wills are also to be taken to be properly executed:- * a) a Will executed on board a vessel or aircraft, if the Will has been executed in conformity with the internal law in force in the place with which the vessel or aircraft may be taken to have been most closely connected having regard to its registration and other relevant circumstances; or 3. A Will to which this applies, so far as it exercises a power of appointment, is not to be taken to have been improperly executed because it has not been executed in accordance with the formalities required by the instrument creating the power. Notwithstanding the above, we stress that it is more appropriate to execute a Will that complies fully with all local requirements. This is in preference to having to establish both the bona fides of the Will and the country of origin in which the Will was originally executed. Like it? Share it!More by this author |