International Wills in Australia

An international will is a will made in a special uniform form, signed before an authorised person and two witnesses, with a certificate attached. Countries that have adopted the uniform law recognise its form, which can help if you own assets abroad. It governs form only, so you still need legal advice.

Key takeaways

• An international will follows a uniform form set by an international convention, adopted in Australia through state and territory law.
• It is signed before an authorised person, in Australia usually a lawyer or notary, and two witnesses, who attach a certificate.
• It helps with formal validity in countries that have adopted the uniform law. It does not decide who inherits or which country's succession law applies.
• Many people with overseas assets use separate wills for different countries instead, drafted to work together.
• Wills have serious consequences. See a solicitor experienced in cross-border estates before signing.

What is an international will?

A will must meet formal requirements to be valid: how it is signed, by whom it is witnessed, and so on. Those requirements differ between countries, and a will valid in one country may be questioned in another. To reduce that problem, an international convention created a uniform form of will, usually called an international will. A country that adopts the uniform law recognises a will made in that form as formally valid, wherever it was made.

Australian states and territories have adopted the uniform law in their own succession legislation, so an international will can be made in Australia. The key features are that the will is in writing, the testator declares before an authorised person and two witnesses that it is their will, and the authorised person attaches a certificate in a prescribed form confirming the formalities were followed. The details, including who counts as an authorised person, are set by each state or territory's law.

How is an international will signed in Australia?

The ceremony is more formal than an ordinary will. The testator signs the will, or acknowledges their signature, in the presence of an authorised person and two witnesses, and declares that the document is their will and that they know its contents. The witnesses and the authorised person sign too. The authorised person then completes and attaches a certificate in the prescribed form, confirming that the formalities were followed, and the certificate is kept with the will.

In Australia, the people authorised for this purpose are set by each state or territory's law and generally include legal practitioners and notaries public. The certificate is part of what makes the will an international will, so it must be completed correctly and the will kept together with it. A solicitor preparing the will usually arranges the whole signing, including finding suitable independent witnesses who are not beneficiaries.

When might an international will help?

It is most useful where you own assets in a country that has adopted the uniform law, and there is a risk that a will made under Australian formalities alone would be questioned there on formal grounds. The international form gives that country a recognised basis for accepting the will's form. It can also help where you are not sure where you will live in future, because the form is recognised across adopting countries.

But not every country has adopted the uniform law, and many common destinations for Australians' overseas assets have not. Australian law separately recognises wills made in various forms abroad, and many countries have similar rules. Whether an international will adds anything in your situation is a question for a solicitor who knows both systems.

Approach	How it works	Points to consider
Single Australian will	One will for all assets, made under Australian formalities	May face questions of form or law abroad
International will	A will in the uniform international form	Helps with form only, in adopting countries
Separate wills per country	An Australian will plus a will made for the other country	Must be drafted so neither revokes the other
Foreign will signed in Australia	A will drafted under foreign law, signed here	May need a notary and apostille; local advice essential

Why doesn't it decide who inherits?

The uniform law deals with the form of the will, not its substance. Which country's law governs the inheritance, whether a spouse or children have fixed shares under forced heirship rules, how land abroad passes, and what taxes apply, are all matters for the law of the countries concerned. A perfectly valid international will can still be affected by those rules. Some countries, for example, apply their own succession law to land located there, or give children a fixed share regardless of the will.

That is why cross-border estate planning needs advice from a solicitor experienced in the countries involved, and sometimes from a lawyer in the other country as well. A notary can take part in the signing, but a notary acting only in that role is not advising you on what your will should say.

What about separate wills for different countries?

Many people with substantial assets abroad choose separate wills: an Australian will for assets in Australia and a will made under the other country's law for assets there. That can make administration simpler, because each will is in the form, language and structure the local courts expect. The main risk is that one will accidentally revokes the other, or that the two conflict. Each must be drafted to say which assets it covers and that it does not revoke the other. That coordination is solicitor's work, and it matters.

If the foreign will is to be signed in Australia, it may need to be signed before an Australian notary and apostilled by DFAT, or signed at that country's consulate, depending on the country. Our guide to overseas inheritances covers the documents used after death.

Where does a notary fit in?

A notary may be involved in three ways. As an authorised person, a notary can act in the signing of an international will, completing the certificate. For a foreign will or related document signed in Australia, a notary can witness your signature and attach a notarial certificate, which DFAT can then apostille if the foreign country asks. And after death, a notary can certify copies of the will, grant of probate and death certificate for use abroad. Our guides to codicils and notaries and lawyers explain the roles.

What happens after death?

When someone dies with assets abroad, the executor usually needs to prove the will in each country where assets are held, or have an Australian grant of probate recognised there. Foreign banks, registries and courts commonly ask for the will, the Australian grant of probate and the death certificate, often as certified or notarised copies, sometimes with a DFAT apostille and a translation. An international will may make the foreign court more comfortable with the will's form, but the executor still has to follow each country's own process. Planning for that while you are alive, including telling your executor where every will is kept, saves time and cost later.

How do you approach it?

1. List your assets and the countries where they are, and where you may live in future.
2. See a solicitor experienced in cross-border estates, and a lawyer in the other country if needed, before anything is signed.
3. Decide the structure: one will, an international will, or separate wills that work together.
4. Arrange the signing in the required form, with an authorised person and witnesses, or a notary for a foreign will.
5. Store the will and any certificate together, and tell your executor where they are.

What does this look like in practice?

Here is an illustration, not a real case. Paolo lives in Perth and owns an apartment in Italy and investments in Australia. He asks whether one will is enough.

His solicitor, working with an Italian lawyer, explains that Italian succession rules may give his children fixed shares of the Italian apartment regardless of his will, and recommends an Australian will for Australian assets and a separate Italian will for the apartment, each stating that it does not revoke the other. The Italian will is signed before a notary in Perth, DFAT adds an apostille, and both wills are stored with his solicitor.

In short

An international will is a will in a uniform form, signed before an authorised person, in Australia usually a lawyer or notary, and two witnesses, with a certificate attached. Countries that have adopted the uniform law recognise its form. It does not decide who inherits or which law applies, and many people with overseas assets use separate coordinated wills instead. See a solicitor experienced in cross-border estates before signing anything.

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