Udon Map wrote:You're close.
Well that's a little awkward, since we are both saying a broadly similar thing as far as what's
possible is concerned - it's
possible to do everything with one Will even if you have assets in different countries (even though we have a difference of opinion over whether the original Will may be required). Where we seem to have a major difference of opinion, though, is over what's
preferable.
Udon Map wrote: You do have to "obtain probate" (not the way it's usually said, but I understand what you mean)
We must be divided by a common language.
"Obtaining probate" is the term used by HM Courts and Tribunals Service who are responsible for granting probate so I imagine they know the way it's usually said, at least in the UK:
http://www.probateforms.info/wp-content ... eaflet.pdf !
Udon Map wrote: But you only file the will once. If you are the Executor of the will, the court where you file it will give you a certified (usually with a raised seal which is sometimes gold) Appointment (that's what it's called in the U.S., but may be called something else other places) as Executor. You get as many of those original certified Appointments as you need.
They're called Grants of Representation in the UK and most English speaking countries.
That is
one way of obtaining probate as I have already clearly said ( "
It's possible to do it with one will") but it is only
one way and it is the most inefficient, time consuming and expensive way with no advantages over the alternative.
Udon Map wrote: In foreign jurisdictions/countries, you may have to take that Appointment to a local court which will issue a local Appointment (or equivalent) to you, which will similarly serve as your authority to marshall the assets of the probate estate in that jurisdiction or country.
For
"may have to take that Appointment to a local court" read
"will have to take that Appointment to a local court".
For "
which will issue a local Appointment (or equivalent) to you" read
"which may issue a local Appointment (or equivalent) to you".
The problem is that while the system you detail works within
some countries, as many have similar rules for wills and apply similar standards when granting probate, the reality is that it simply doesn't work in
all countries for very obvious reasons - while probate granted in the UK or USA, for example, may be seen as 'above board' by many others, many countries who are rather lower down the corruption index may not have the same credibility. Executors granted an Appointment / Grant of Representation from the USA or the UK may have no problem getting it approved in Angola or Afghanistan, but the same may not be true in reverse - particularly if it turned out, for example, that the original Appointment was made not according to a Will but Sharia Law.
Udon Map wrote:I've never heard of getting the original will back. It stays on file in the court where you filed it for a number of reasons, including to prevent it from being lost or misplaced, whether intentionally or otherwise.
Exactly why I said it can take a court order to get the original Will back, which some countries will insist on if they do not trust that the country granting the Appointment / Grant of Probate has done so based on a legal and valid Will.
[/quote]Well, as I said, you're close. You only need one will; but you do have to open a probate estate in every jurisdiction/country in which assets are located.[/quote]
Well, you're
"close" in as much as you're correct about what you
"need" but you could hardly be wider of the mark in terms of what's the cheapest, simplest and most effective option.
It is usually accepted or assumed (apparently including by you) that Probate is governed by International Law like marriage.
Wrong on all counts!! The
Hague Marriage Convention has been signed by six countries but ratified by only three of those signatories. The
Convention providing a Uniform Law on the Form of an International Will actually beats that as it has been signed by 18 but only ratified by 11 - the USA and the UK are among the signatories but neither has ratified it. There is no obligation on any countries other than the 11 who have ratified it (Belgium, Bosnia-Herzegovina, Canada, Cyprus, Ecuador, France, Italy, Libya, Niger, Portugal, and Slovenia) and to a lesser extent the 7 who have signed it (the Holy See, Iran, Laos, the Russian Federation, Sierra Leone, the United Kingdom, and the United States) to recognise any other country's Appointment / Grant of Probate. None at all.
Anyone with property in more than one country has two main options with their wills:
Option One (Yours):
One Will. Rely on one will and at best you will still have to apply for probate in every country /jurisdiction where the estate has property which, as it is based on another country's Appointment / Grant of Probate rather than an original Will will take longer (see link above). The Appointment / Grant may often routinely have to be verified by that country's embassy in the original country which will involve considerable extra time and expense paying the embassy's legal fees and the Appointment / Grant could be rejected depending on where it is from and the Court may insist on the original will which will involve a Court Order in that country to get it. At worst, having done all that, the Court may reject the Will as not legally valid or binding and impose whatever set inheritance laws apply in that country as if there was no will and the author died intestate.
Option Two (Mine):
A number of Original Copies. When signing and having your will witnessed make an identical "Original Copy" for each country where you have property and use that Original Will to apply for and obtain probate in each country. No delays in getting probate, no extra expense with lawyers or embassies. If your property is in, say, six different countries then you and your witnesses need to sign an extra five times - hardly comparable in terms of cost, time and effort.
Up to you.
Good luck to anyone else who want to read this. 
Just one would be nice.
