Dina drew up a will and decided to leave her apartment in Tel Aviv to her daughter and her apartment in Berlin to her granddaughter. After Dina’s death, when the time came to execute the will, the heirs encountered a major problem: the granddaughter could not register the Berlin apartment in her name, because the will Dina had drawn up contradicted the provisions of German law and was therefore invalid in Germany.

This is just one of many examples of cases in which people are aware of the importance of drawing up a will, but are not aware of the legal implications involved in bequeathing assets, money, and property located in another country.

So what kind of will should Dina have drawn up? An international will. What is important to know when you want to write such a will? Why do you need a lawyer and a German-speaking notary for an international will? In this article, we will answer these and other questions.

What Is an International Will?

An international will is a will drawn up by the testator that divides their property and assets between two or more countries. It is important that such a will be drawn up in a way that takes into account both the laws in Israel and the laws in the country where the property outside Israel is located, so that the will is valid in both countries and so that the beneficiaries under the will can execute it quickly, without complications or delays.

Essential Documents and Formal Requirements for an International Will

Drawing up an international will requires gathering and preparing official documents:

• A valid ID card or passport of the testator.
• Proof of ownership of assets in Germany, such as land registry extracts or purchase contracts.
• Bank certificates showing the management of a bank account in Germany.
• Documents proving the family relationship with the heirs.

In addition, care must be taken to ensure that the will includes an explicit declaration that its provisions also apply to property located in Germany, so that it is clear the will is intended to govern the inheritance of property located outside Israel — something that may prevent future legal conflicts.

It is therefore important to consult with a lawyer and German-speaking notary who is knowledgeable in the requirements of German law, in order to ensure that the will is legal and valid in Germany as well.

Determining the Validity of an International Will

The legal validity of an international will depends on several conditions:

• Compliance with inheritance laws in Israel and in every country where the testator’s property is located and where the will is expected to take effect — it must be ensured that the will meets the formal and substantive requirements of every country in which there are assets or funds, in addition to the requirement that the testator be mentally competent to draw up a will, act freely and willingly to bequeath their property, and be free from undue influence.
• Notarial certification and professional translation — a notarial translation into German, together with an apostille certificate, is a prerequisite for submitting the application to the court in Germany, so that it will grant recognition to the international will in Germany.
• Multinational legal advice — before drawing up an international will, it is important to consult with a lawyer and German-speaking notary with knowledge and experience in understanding the requirements of German inheritance law. This allows the will to be drafted in the best and most reliable manner, so that it will not be rejected by the courts, legal authorities, and various financial institutions in Germany.

Practical Steps for Writing and Executing an International Will

How do you write an international will? There are several preliminary steps:

1. Gathering information about assets and funds — a complete list must be provided of the assets (both those located in Israel and those located outside Israel) and of the bank accounts registered in the testator’s name.
2. Verifying the identity and legal capacity of the heirs — confirming the identity of the legal heirs and checking legal restrictions such as forced heirship in countries such as Germany.
3. Adapting the wording of the will — since every country has different wording requirements for a will, it is necessary to consult with a lawyer and German-speaking Israeli notary to draft the will in accordance with local law.
4. Notarial verification and signature — signing before an authorized notary, and registering the will in the notarial register.
5. Adding a notarial translation and apostille certificate in order to obtain international recognition under the Hague Convention.

Important to know! If changes occur in the family status of family members (both the testator and the heirs), and if there is a change in assets (sale or purchase of property) or in funds (opening an account, closing an account, exercising shares), the will must be updated accordingly.

International Will — Challenges and Risks

International wills can lead to legal disputes, delays in executing the estate, and even invalidation of the will if:

• The will contains technical errors such as typos.
• The will is not clearly worded — for example, the testator wrote that they would bequeath their property to their two sons but did not specify how the property would be divided between them.
• The will is not drafted in accordance with local inheritance laws and even contradicts them.
• There is no notarial translation.

In order to avoid such legal complications, it is recommended to consult with a lawyer and German-speaking Israeli notary who is familiar with German inheritance law and can draft a valid, legal will.

Executing an International Will in Practice

In order to execute the will, the original will must be submitted to the court in the destination country, along with, among other things:

• A notarial translation of the will.
• A death certificate.
• Identifying documents of the heirs.
• Documents proving ownership of assets and funds in the destination country.

All documents must be certified by an Israeli-German notary and bear an apostille certificate.

Summary

An international will is a complex document requiring planning, in-depth legal knowledge, professional translation and certification, and careful compliance with the legal requirements of each relevant country. Guidance in drafting an international will by a lawyer and German-speaking notary well-versed in international inheritance law is the key to ensuring the estate is distributed according to the testator’s wishes, while preventing future complications, delays, and legal disputes.

The above is general information and does not constitute a substitute for individual legal advice.

For further questions, please contact attorney and notary, German-speaking, Alon Sposhnik, at info@sr-lawoffice.co.il or by phone at 0722502512.