About the International Will Registry

Portal: https://internationalwill.solutions.virginia.gov/

Uniform International Wills Act § 64.2-433.

The Uniform International Wills Act establishes a standardized legal framework for the creation and recognition of international wills. An authorized person is defined as an individual empowered under Virginia law or United States law to supervise the execution of international wills, including qualified attorneys and certain diplomatic or consular officials. An international will is a will executed in compliance with the specific statutory requirements set out in this article.

A will is considered valid as to form if it complies with the requirements for an international will, regardless of where it is executed, where the assets are located, or the nationality, domicile, or residence of the testator. If a will fails to qualify as an international will, that failure does not affect its validity as another type of will. The Act does not apply to testamentary instruments executed jointly by two or more persons.

Requirements in the Code of Virginia § 64.2-435, state that an international will must be in writing and may be prepared in any language and by any means, whether handwritten or otherwise. The testator must declare in the presence of two witnesses and an authorized person that the document is their will and that they understand its contents, although disclosure of the contents is not required. The testator must sign the will or acknowledge a prior signature in the presence of the witnesses and authorized person. If the testator cannot sign, the will remains valid provided the reason is stated and noted by the authorized person, and another individual may sign on the testator’s behalf if directed. The witnesses and authorized person must then sign the will in the presence of the testator.

All signatures must appear at the end of the will. If the will consists of multiple pages, each page must be signed and numbered. The date of the will is the date the authorized person signs it, and that date must be noted at the end of the document. The authorized person must ask whether the testator wishes to declare how the will should be safeguarded, and if so, that information may be included in the execution certificate. Failure to comply with certain formalities related to page numbering or safekeeping declarations does not invalidate the will.

Pursuant to § 64.2-437 of the Code of Virginia, the authorized person must attach a certificate confirming that all statutory requirements for execution have been met. The authorized person must retain a copy of the certificate and provide another to the testator. In the absence of evidence to the contrary, this certificate is conclusive proof of the will’s formal validity, although the absence or irregularity of a certificate does not by itself invalidate the will.

International wills are subject to the same rules governing revocation as other wills. The provisions of this article are derived from the Convention of October 26, 1973, and must be interpreted with consideration for their international origin and the need for uniform application across jurisdictions.

Attorneys licensed and in good standing with the Virginia State Bar are designated as authorized persons for purposes of international wills. The Secretary of the Commonwealth is required to maintain a confidential registry of information related to the execution of international wills.

Pursuant to § 64.2-442 of the Code of Virginia, this information remains confidential until the testator’s death and may then be disclosed upon presentation of appropriate proof of death. The registry is limited to identifying and safekeeping information and may be shared with similar registries in other jurisdictions if confidentiality protections are comparable.