Written by attorneys · grounded in primary & secondary sources — see below
A will executed in conformity with the formal requirements of the Uniform Probate Code provisions governing international wills. The instrument must be in writing and the testator must declare before two witnesses and an authorized person that the document is the testator's will and that the testator knows its contents.
Sources & Authorities
How it applies
Common Examples
2
Testator Unable to Sign
Imran Iyer lay in a hospital bed after a stroke and could not hold a pen. He told the authorized person and two witnesses that his right hand was paralyzed. The authorized person noted the reason on the document. A witness then signed Imran's name at his direction while the authorized person recorded that act as well. The international will remained valid despite the missing personal signature.
Will Executed Under Uniform Rules
Ines Ibarra dictated her wishes in Spanish to a staff member at a diplomatic conference. The staff member wrote the text on loose paper. Ines reviewed the pages, declared the document her will before an authorized attorney and two witnesses, and signed it. The resulting instrument qualified as an international will because it met the statutory execution standards.
Put it into practice
Test Yourself
10
Practice Questions5
· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Study Supplements
Common questions
Frequently Asked
4
What must a testator declare to execute a valid international will?+
The testator must state in the presence of two witnesses and an authorized person that the document is the testator's will and that the testator knows its contents. The statute does not require disclosure of the actual terms to those present.
Supporting sources
May an international will be written in a language other than English?+
Yes. The governing rule permits the will to be written in any language by the testator or by another person and by any means including handwriting or electronic text.
Supporting sources
Does failure to make the required declaration invalidate an international will even if the testator signs before proper witnesses?+
Yes. The declaration that the document is the testator's will and that the testator knows its contents is a mandatory formality separate from the act of signing. A vague reference to post-death arrangements does not satisfy the requirement.
Supporting sources
Is a document prepared on consular letterhead or conference notepaper still a valid writing for an international will?+
Yes. The statute requires only that the will be made in writing and imposes no restriction on the type of paper or stationery used.
Supporting sources
Trusts and Estates Decedents EstatesWills · Execution requirementsUBEFoundational