Probate & Trust Law Section Conference Manual ... - Minnesota CLE

Germany is one such example of a country that holds heirs and devisees liable for the debts of
decedents. Under German law, a devisee does have the option to limit his liability by either disclaiming
the inheritance entirely or commencing estate bankruptcy proceedings under section 1942 of the
German Civil Code. Disclaimer of the inheritance must follow specific formalities and must be done
within a specific period of time. If a disclaimer is not done appropriately or timely, the heir or devisee
takes the bad with the good.
For clients who inherit in a foreign country, we cannot let them take for granted that they need only to
wait for a check. Inquiry into the view of universal succession, inheritance of debts and disclaimer of
inheritance should be done, which may require inquiry with an attorney licensed in the foreign
jurisdiction. If the jurisdiction transfers the bad of the estate along with the good, serious evaluation of
the estate and communication with the personal representative regarding the estate assets and
liabilities should be made.
7. The only will recognized everywhere is an international will under Minn. Stat. 524.2‐1002 and
you must do such a will in every instance.
Incorrect.
Just like different US states have different rules about what it takes to make a writing a valid will,
different countries have different rules regarding what it takes to make a writing a will. For individuals
who reside in a country other than their country of citizenship or own property in another country,
these differences can create major headaches when it comes time to probate a will.
In order to prevent just those headaches, the 1973 Convention providing a Uniform Law on the Form of
an International Will provides for unified requirements to cause a writing to be valid in any signatory
country. Following these requirements allows for a one‐document fits all affected jurisdictions
approach to drafting a will, assuming all the jurisdictions are signatory countries. The convention is a
great help for those living in an increasingly globalized society and can be found at
http://www.unidroit.org/english/conventions/1973wills/1973wills‐e.htm
However, because probate law in the United States is ruled by the states and not the federal
government, the benefits of this treaty only clearly apply to residents of those states which have
adopted the provisions of the treaty into their probate code. Luckily for Minnesota residents, our state
has adopted the provisions in Minnesota Statutes 524.2‐1001 et al.
Some of the requirements of the international will, which are not present in a standard Minnesota will,
are for each page to be numbered, for each page to be signed by the testator, and for the will to be
witnessed by an "authorized person". An "authorized person" in Minnesota is anyone licensed to
practice law in the state of Minnesota. The will must then be deposited with the Minnesota Secretary of
State.
However, not every country has adopted this Convention. If the country you are dealing with is not a
signatory to the convention, the additional hoops you’ll put your client through that cost time and
money will probably not be of any additional benefit to them. Not all, but many jurisdictions recognize
the validity of an out‐of‐state or out‐of‐country wills as long as it meets the requirements of where it
was executed. The decision whether to draft and execute in conformance with the International Will
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