CONVENTION ON THE CONFLICTS OF LAWS RELATING TO THE FORM OF TESTAMENTARY DISPOSITIONS
(Concluded 5 October 1961)
The States signatory to the present Convention,
Desiring to establish common provisions on the conflicts of laws relating to the form of testamentary dispositions,
Have resolved to conclude a Convention to this effect and have agreed upon the following provisions:
Article 1A testamentary disposition shall be valid as regards form if its form complies with the internal law:
a) of the place where the testator made it, or
b) of a nationality possessed by the testator, either at the time when he made the disposition, or at the time of his death, or
c) of a place in which the testator had his domicile either at the time when he made the disposition, or at the timeof his death, or
d) of the place in which the testator had his habitual residence either at the time when he made the disposition, or at the time of his death, or
e) so far as immovables are concerned, of the place where they are situated.
For the purposes of the present Convention, if a national law consists of a non-unified system, the law to be applied shall be determined by the rules inforce in that system and, failing any such rules, by the most real connexion which the testator had with any one of the various laws within that system.
The determination of whether or not the testator had his domicile in a particular place shall be governed by the law of that place.
Article 1 shall apply to testamentary dispositions revoking an earlier testamentary disposition.
Therevocation shall also be valid as regards form if it complies with any one of the laws according to the terms of which, under Article 1, the testamentary disposition that has been revoked was valid.
The present Convention shall not affect any existing or future rules of law in Contracting States which recognise testamentary dispositions made in compliance with the formal requirementsof a law other than a law referred to in the preceding Articles.
The present Convention shall also apply to the form of testamentary dispositions made by two or more persons in one document.
For the purposes of the present Convention, any provision of law which limits the permitted forms of testamentary dispositions by reference to the age, nationality or other personalconditions of the testator, shall be deemed to pertain to matters of form. The same rule shall apply to the qualifications that must be possessed by witnesses required for the validity of a testamentary disposition.
The application of the rules of conflicts laid down in the present Convention shall be independent of any requirement of reciprocity.
The Convention shall be applied even ifthe nationality of the persons involved or the law to be applied by virtue of the foregoing Articles is not that of a Contracting State.
The application of any of the laws declared applicable by the present Convention may be refused only when it is manifestly contrary to “ordre public”.
The present Convention shall be applied in all cases where the testator dies after itsentry into force.
Each Contracting State may reserve 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.
Each Contracting State may reserve the right not to recognise testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessingno other nationality.
Each Contracting State may reserve the right not to recognise, by virtue of provisions of its own law relating thereto, forms of testamentary dispositions made abroad when the following conditions are fulfilled:
a) the testamentary disposition is valid as to form by reason only of a law solely applicable because of the place where the testator made his…