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Attestation Clause (International Wills)

Also known as: Witness Clause, International Will Attestation

Definition

An attestation clause for an international will is a formal certificate signed by an authorised person confirming that all legal requirements for creating a valid international will under the Washington Convention have been met.

However, while the UK signed this convention in 1973 and passed implementing legislation in 1982, these provisions have never been brought into force—meaning international wills are not currently legally operational in the UK.

What Does Attestation Clause (International Wills) Mean?

Under the Washington Convention (1973), an attestation clause for an international will is a formal certificate attached to the will by an "authorised person"—an official designated to certify international wills, similar to a notary. This certificate confirms the testator declared before two witnesses and the authorised person that the document is their will, they know its contents, and all formal requirements were met. The certificate is legally required under Schedule 2, Article 5 of the Administration of Justice Act 1982.

The critical fact: despite the UK signing the Washington Convention and passing the Administration of Justice Act 1982, Part IV provisions have never been brought into force. International wills are not legally operational in the UK. Emma, a UK citizen with property in London (£425,000) and France (€280,000), cannot create one international will covering both properties. She needs separate UK and French wills, each complying with that jurisdiction's formalities.

In countries where the convention operates, the certificate creates "conclusive" proof of formal validity under Schedule 2, Article 11—much stronger than UK attestation clauses, which merely ease probate. In ratifying countries (France, Italy, Portugal, Canada, Belgium, Cyprus, Slovenia, Bosnia-Herzegovina), the certificate makes the will automatically valid.

This distinction matters because "international will" sounds convenient but isn't available in the UK. People with foreign property need separate jurisdiction-specific wills. Standard UK attestation clauses are recommended but not legally required under Section 9 of the Wills Act 1837. International will certificates are prescribed formal documents with specific legal requirements and conclusive effects.

Common Questions

"What is an attestation clause for an international will?"

A formal certificate attached to the will, signed by an authorised person, confirming all Washington Convention requirements were met. Unlike standard UK attestation clauses, this certificate is legally required for validity.

"Can UK citizens currently use international wills with attestation clauses?"

No. While the UK signed the Washington Convention in 1973 and passed the Administration of Justice Act 1982, the provisions have never been brought into force. International wills are not legally operational in the UK.

"How does an international will attestation clause differ from a standard UK will attestation clause?"

International will clauses are formal certificates signed by authorised persons and legally required under the Washington Convention. Standard UK clauses are witness statements, recommended but not legally required under the Wills Act 1837.

Common Misconceptions

Myth: International wills with attestation clauses are available in the UK for expats with foreign assets.

Reality: While the UK signed the Washington Convention (1973) and passed the Administration of Justice Act 1982, the provisions have never been brought into force. International wills are not operational in the UK. Expats need separate jurisdiction-specific wills for each country where they own assets.

Myth: An attestation clause for an international will is the same as a standard UK will attestation clause.

Reality: International will clauses are formal certificates signed by authorised persons and legally required for validity. Standard UK clauses are witness statements—recommended but not legally required under the Wills Act 1837, Section 9.

  • Attestation Clause: Standard UK clauses are recommended witness statements; international will clauses are formal certificates required by the Washington Convention.
  • Expat Will: Expats often mistakenly believe they need "international wills" when they actually need jurisdiction-specific expat wills.
  • Witness: International wills require two witnesses plus an authorised person signing the certificate, versus standard UK wills needing only two witnesses.
  • Will Formalities: International will attestation clauses demonstrate how jurisdictions have different execution requirements for valid wills.
  • International Assets: People with international assets often seek single-will solutions, though separate jurisdiction-specific wills are typically needed.

Need Help with Your Will?

While international wills aren't available in the UK, understanding these requirements helps you make informed decisions about managing international assets.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.