Will the estate plan you made before travel be recognized when travelling internationally?
You have the trip of a lifetime all planned out. The tickets are booked, the time off from work is reserved, and you’ve even cleared your phone to free up space for the pictures you’ll capture of this new adventure. In other words, you are ready.
But what happens when it doesn’t go according to plan?
If you have your estate plan in place, you’re at least one step ahead, yet there are additional considerations for the efficacy and validity of Power of Attorney documents and Medical directives abroad which you wouldn’t otherwise face domestically.
The question then becomes, from an Estate Planning perspective, whether your existing documents will be recognized in your new country. This is particularly relevant if you are becoming an ex-patriot or foreign national and are moving away permanently or for extended periods of time[1].
Fortunately, with the proper legal steps, a Virginia estate plan can be recognized in different countries, particularly those that require a U.S. apostille – like European Union nations, South American nations, and much of Asia. Nevertheless, there are still important considerations and conversations that need to take place in advance of hopping on the jet.
Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents and Apostille Process
On October 5, 1961, the Hague Convention ratified the Convention of 5 October 1961 Abolishing the Requirement of Legalizations for Foreign Public Documents (the “Apostille Convention”). As the title implies, this international treaty facilitates the recognition of legal documents between member countries by doing away with onerous verification requirements for legal documents. Instead, the Apostille Convention created the apostille process, whereby local (albeit national) apostille offices can verify and certify certain documents for use in other member countries.
In other words, many estate planning documents, especially Powers of Attorney and Medical Directives, can be recognized in foreign countries through the apostille process. However, while the apostille confirms the authenticity of a given estate planning document, it is important to note that each country, even if it is a member to the convention, may require specific information or documentation. While the apostille facilitates international recognition, that recognition does not guarantee that your document (or, by extension, your desires) will be fully carried out as intended if there are conflicting local legal requirements.
With that said, though, the benefits are paramount. You can create an estate plan that works for you and your family, and, with a little due diligence before a major trip, you do not need to rework that plan each time you set off to explore.
Who Issues the Apostille in Virginia?
In Virginia, the Secretary of the Commonwealth’s office is responsible for issuing apostilles. If you are a Virginia resident planning to move abroad and wish to ensure that your estate documents are legally recognized in other countries, obtaining an apostille is a critical step.
The apostille process in Virginia involves submitting your original documents to the Secretary of the Commonwealth. After verifying that the documents are properly executed under Virginia law, the Secretary’s office will issue an apostille certificate, which serves as official proof of the document’s validity. This apostille allows your estate plan to be recognized in countries that are part of the Apostille Convention.
It is essential that your documents are notarized before they are submitted for the apostille. Notarization is a key part of the process, ensuring that the documents are legally valid before the apostille is attached.
International Estate Planning Attorney for Virginians Traveling or Moving Abroad
Relocating from Virginia to another country, no matter how long, does not automatically invalidate your estate plan. By taking the proper steps to authenticate your estate documents through the apostille process, consulting with both Virginia and European International and Virginia estate planning professionals, and confirming your plan complies with the requirements of the specific country you are going to visit, you can ensure your wishes will be respected no matter where you live or what may happen on your trip.
Perhaps, like me, you’re interested in planning an adventure in New Zealand or riding the Nile River. Or maybe you’ve always wanted to go to Paris and the top of the Eiffel Tower is calling your name. Regardless of the trip you take, or the duration of time spent out of the country, proper planning ensures preservation both of yourself and your intentions. By staying informed and taking the necessary legal steps, you can safeguard your estate planning documents and provide peace of mind as you embark on your new life abroad.
Contact the experienced estate planning team at ThompsonMcMullan, P.C. to create or confirm your international estate plan today.
