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Treaty

Depositary

Convention on the conflicts of laws relating to the form of testamentary dispositions

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Albania Yes No
Armenia Yes No
Austria Yes No
Belgium Yes No
Botswana Yes No
China Yes No
Estonia Yes No
Eswatini Yes No
Fiji Yes No
France Yes No
Luxembourg Yes No
Moldova Yes No
Montenegro Yes No
Netherlands, the Kingdom of the Yes No
North Macedonia No Yes
Poland Yes No
Serbia Yes No
South Africa Yes No
Switzerland Yes No
Tonga Yes No
Turkey Yes No
Ukraine Yes No
United Kingdom Yes No

Albania

25-10-2013

Pursuant to Article 10 of the Convention, the Republic of Albania declares that shall not recognize testamentary dispositions made orally, save in exceptional circumstances, by an Albanian national possessing no other nationality.
Pursuant to Article 12 of the Convention, the Republic of Albania reserves its right to exclude from the application of the present Convention any testamentary clauses which, under its laws, do not relate to matters of succession.

Armenia

01-03-2007

Pursuant to Article 10 of the Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions, the Republic of Armenia reserves its right not to recognize testamentary dispositions made orally by an Armenian national possessing no other nationality.
Pursuant to Article 12 of the Convention, the Republic of Armenia reserves its right to exclude from the application of the present Convention any testamentary clauses which, under its laws, do not relate to matters of succession.
Pursuant to Article 13 of the Convention, the Republic of Armenia reserves its right to apply the present Convention only to testamentary dispositions made after its entry into force.

Austria

28-10-1963

With the reservation provided for in article 12 of the Convention.

Belgium

10-10-1968

With the reservation provided for in article 10 of the Convention.

Botswana

18-11-1968

[Botswana reserves]
(a) the right in derogation of the third paragraph of Article 1 to determine in accordance with the lex fori the place where the testator had his domicile;
(b) the right, in derogation of Article 8, to apply the said Convention only to testamentary dispositions made after the 22nd September, 1967.

China

16-06-1997

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the "Joint Declaration"), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section XI of Annex I to the Joint Declaration, "Elaboration by the Govermnent of the People's Republic of China of its Basic Policies Regarding Hong Kong", and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.
(...)
The Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions done at the Hague on 5 October 1961 (hereinafter referred to as the "Convention"), by which the Government of the Kingdom of the Netherlands is designated as the depository, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special, Administrative Region with effect from 1 July 1997.
In accordance with Article 9 of the Convention, the Government of the People's Republic of China reserves the right, in derogation of Paragraph 3 of Article 1 of the Convention, for the Hong Kong Special Administrative Region to determine in accordance with the lex fori the place where the testator has his domicile.
As far as the Hong Kong Special Administrative Region is concerned, in accordance with Article 9 of the Convention, and the place where the testator has his domicile is determined in accordance with the lex fori.
Within the above ambit, responsibility for the international rights and obligations of a party to the Convention will be assumed by the Government of the People's Republic of China.

Estonia

13-05-1998

The Republic of Estonia shall not recognize testamentary dispositions made orally, save in exceptional circumstances, by an Estonian national possessing no other nationality.

Eswatini

23-11-1970

The Government of the Kingdom of Swaziland, in accordance with Article 9 of the Convention, hereby reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.

Fiji

19-07-1971

The Government of Fiji, in accordance with Article 9 of the Convention, hereby reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.

France

09-10-1961

With the reservation provided for in article 10 of the Convention.


21-09-1967

France reserves the right not to recognise, in accordance with Article 10 of the Convention, testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessing no other nationality.
In ratifying this Convention, the President of the French Republic, President of the Community, declares that it shall apply to the whole territory of the French Republic: that is, the European Departments, the Overseas Departments and the Overseas Territories.

Luxembourg

07-12-1978

The Grand Duchy of Luxembourg reserves the right
1) in derogation of the third paragraph of Article 1 of the Convention, to determine in accordance with the lex fori the place where the testator had his domicile;
2) not to recognise testamentary dispositions made orally, save in exceptional circumstances, by a Luxembourg national possessing no other nationality;
3) to exclude any testamentary clauses from the application of the Convention that, under Luxembourg law, do not relate to matters of succession.

Moldova

11-08-2011

According to the article 9 of the Convention, the Republic of Moldova reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where the testator had his domicile.
According to the article 10 of the Convention, the Republic of Moldova reserves the right not to recognise testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessing no other nationality.

Montenegro

01-03-2007

... the Government of the Republic of Montenegro succeeds to the Convention on the conflicts of laws relating to the form of testamentary dispositions, concluded at The Hague on 5 October 1961, and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon the Republic of Montenegro assumed responsibility for its international relations.

Netherlands, the Kingdom of the

02-06-1982

Testamentary dispositions made orally, save in exceptional circumstances, by a Dutch national possessing no other nationality at the time, are not recognised in the Netherlands.

North Macedonia

Poland

02-09-1969

With the reservation provided for in article 12 of the Convention.

Serbia

05-02-2003

... that, following the adoption and promulgation of the Constitutional Charter of Serbia and Montenegro by the Assembly of the Federal Republic of Yugoslavia on February 4, 2003, as previously adopted by the National Assembly of the Republic of Serbia on 27 January 2003 and by the Assembly of the Republic of Montenegro on 29 January 2003, the name of the State of the Federal Republic of Yugoslavia has been changed to "Serbia and Montenegro".


09-06-2006

... following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.

South Africa

05-10-1970

Subject to the reservations contemplated in Articles 9, 10 and 12 of the Convention.

Switzerland

18-08-1971

With the reservation provided for in article 10 of the Convention.

Tonga

29-08-1978

Tonga, in accordance with Article 9 of the Convention, hereby reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.
In accordance with Article 10 of the Convention, Tonga reserves the right, in respect of this territory, not to recognise testamentary dispositions made orally, save in exceptional circumstances by one of its nationals possessing no other nationality.

Turkey

23-08-1983

The Republic of Turkey reserves,
1) in accordance with Article 9, in derogation of the third paragraph of Article 1, the right to determine in accordance with the lex fori the place where the testator had his domicile;
2) in accordance with Article 10, the right not to recognise testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessing no other nationality;
3) in accordance with Article 12, the right to exclude any testamentary clauses from the application of the present Convention that, under its law, do not relate to matters of succession.

Ukraine

15-03-2011

1. According to Article 9 of the Convention Ukraine reserves the right to dertermine domicile of the testator according to law on the court (lex fori).
2. In accordance with Article 10 of the Convention Ukraine reserves the right not to recognize wills made by citizens of Ukraine orally except under exceptional circumstances.
3. According to Article 12 of the Convention Ukraine reserves the right not to apply the present Convention to any provisions of wills that under the legislation of Ukraine are not related to inheritance.

United Kingdom

13-02-1962

In accordance with the provisions of Article 9 of the present Convention, the United Kingdom of Great Britain and Northern Ireland hereby reserves its right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile


06-11-1963

[Ratification] subject to the reservation formulated in the Note addressed to the Government of the Netherlands upon signature of the Convention on 13 February 1962.


17-12-1964

TERRITORIES
Antigua
Basutoland
Bermuda
Britisch Honduras
Brunei
Cayman Islands
Domenica
Falkland Islands
Fiji
Gambia
Gibraltar
Grenada
Isle of Man
Montserrat
New Hebrides (as far as the jurisdiction of the British National Court is concerned)
Saint Christopher, Nevis and Anguilia
St Helena
Seychelles
Tonga
Turks & Caicos Islands
Virgin Islands
... in accordance with Article 9 of the Convention, that, in respect of the above-named territories, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.


11-03-1965

Barbados
British Guiana
... in accordance with Article 9 of the Convention, that, in respect of the above-named territories, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.


23-12-1965

Mauritius
... in accordance with Article 9 of the Convention, that, in respect of the above-named territory, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.
Furthermore, in accordance with Article 10 of the Convention, the United Kingdom reserve the right, in respect of this territory, not to recognise testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessing no other nationality.


18-03-1966

St. Lucia
... in accordance with Article 9 of the Convention, that, in respect of the above-named territory, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.


20-06-1966

St. Vincent
... in accordance with Article 9 of the Convention, that, in respect of the above-named territory, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.


23-03-1967

Swaziland
... in accordance with Article 9 of the Convention, that, in respect of the above-named territory, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.


25-06-1968

Hong Kong
... in accordance with Article 9 of the Convention, that, in respect of the above-named territory, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.


16-06-1997

... that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.

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