International Wills Act Introduced

Nova Scotia Justice Minister Michael Baker has introduced legislation to adopt an international form of will ensuring that wills will be recognized as valid in contracting countries.

The International Wills Act will ensure a more uniform approach to the making of a will, so that conflicting rules of law on an international level can be avoided and wills can be more easily probated.

There are many varied rules of law affecting the validity of wills in countries around the world. As more Canadians invest in foreign markets, and as Canada attracts more foreign investment and immigrants, this legislation becomes increasingly important.

Here at home, an international will may be drawn up in any language chosen by the testator. It must be executed in the presence of two witnesses and an authorized person designated by the province, in this case a practicing lawyer. Counsel must then draw up a certificate of the facts concerning the making and execution of the will. Similar legislation has been adopted in seven other provinces.

"We are truly living in a global village," said Mr. Baker. "This legislation helps us to adapt to a more transient population and recognizes that many people now have financial interests that reach far beyond our own borders."

The contracting states include: Belgium, Cyprus, Ecuador, France, Italy, Libya, Niger, Portugal, Slovenia, Bosnia and Herzegovina.
The number continues to grow.