WillsUniform International Wills Act
Section § 6380
This section explains two key terms related to international wills. An 'international will' is a will that follows certain sections of the law. An 'authorized person' is someone who is legally allowed to oversee the making of these international wills, which can include U.S. diplomatic officials.
Section § 6381
This law section states that a will is considered valid if it is made as an international will following specific requirements, regardless of where it's created, where the assets are, or the testator's nationality, home, or residency. If the will isn't recognized as an international will, it might still be valid as a different type of will. However, this rule doesn’t apply to wills created by multiple people in one document.
Section § 6382
This section outlines the requirements for creating an international will in writing. The will does not have to be handwritten by the person making it, known as the testator, and can be in any language. The testator must declare in front of two witnesses and an authorized individual that the document is their will and that they are aware of its contents, though they don't have to reveal the details to the witnesses or the authorized person. The testator has to sign the will in front of these individuals or acknowledge an existing signature. If unable to sign, the testator must explain why, and this can be noted by the authorized person. Another person, including a witness or the authorized individual, can sign on behalf of the testator upon their direction. Finally, the witnesses and the authorized person must sign the will in the presence of the testator, confirming it.
Section § 6383
This section explains how a will should be signed and dated in California. Each sheet of the will must be signed by the person making the will or by someone else if they can't sign themselves. The date when an authorized person signs the will should be written at the end. The individual making the will can indicate where they want the will to be kept, and this information can be included in a certificate. Even if a will doesn't meet all these requirements, it might still be legally valid if it complies with other specific rules.
Section § 6384
This section outlines the necessary steps to validate an international will under the Convention of October 26, 1973. It requires an authorized person to attach a certificate to the will, confirming that all requirements for the will's execution have been met. This certificate includes details about the person authorizing the will, the testator's information, and the presence of witnesses.
The certificate also confirms that the testator has either signed the will or acknowledged it, and verifies the identity of the testator and witnesses. Each page of the will must be signed and numbered, and the witnesses must meet specific legal criteria.
The authorized person must keep a copy of this certificate and provide another to the testator. Information about the will’s safekeeping may also be requested by the testator and included in the certificate.
(Convention of October 26, 1973)
contents thereof.
previously affixed.
to sign his will for the following reason ________________, I
have mentioned this declaration on the will,*
and the signature has been affixed by
witnesses as designated above;
to the law under which I am acting;
concerning the safekeeping of his will:*
Section § 6385
This law makes it clear that if someone creates a will and there's a certificate proving it's valid, that certificate is enough to assume the will is formally valid unless proven otherwise. However, even if a certificate is missing or not perfect, the will can still be considered valid.
Section § 6386
Section § 6387
This law explains that California's probate rules from Sections 6380 to 6386 are based on an international agreement from October 26, 1973. It emphasizes that these rules are to be interpreted with an awareness of their international background and the importance of keeping interpretations consistent across different jurisdictions.
Section § 6388
If you're a lawyer allowed to practice in California courts and are currently in good standing, you can handle international wills.
Section § 6389
This law mandates that the Secretary of State set up a registry where authorized individuals can log information about international wills confidentially. The details will be kept private until the person who made the will passes away. Upon the person's death, those presenting valid proof, like a death certificate, can access the information. The data recorded includes the person's name, social security number, address, birth details, and where the will is stored. Additionally, if requested, this information can be shared with a similar registry in another jurisdiction, provided it has comparable confidentiality protections.
Section § 6390
If a written document, like a will, mentions a repealed law after December 31, 1984, it should be understood as referring to the new law that replaced the old one.