Is my foreign will invalid because I now live in New York?

Not automatically. New York may accept a written, signed will that met New York formalities, the formalities of the place where you signed it, or the formalities of your domicile at signing or at death (EPTL 3-5.1(c)). A valid will can still be slow to prove. Many people in your position sign a New York will anyway.

Do I have to rewrite the will the week I move?

No. There is no single deadline that fits every family. It is wise to review the will once you have settled, and sooner if you marry, divorce, have a child, or buy New York property. A mismatch between the documents and your life is the usual problem.

Can one will cover assets in both places?

Sometimes one will is enough, and sometimes two coordinated wills are easier to use. A single will that revokes every earlier will can leave a gap abroad. Counsel in the other country should review any plan that touches assets there, and your tax adviser should review the tax effects.

Moved to New York With a Foreign Will

Moving to New York does not automatically erase a will you signed abroad. New York may accept that will, and your family may still have a hard time proving it. Use this checklist to decide what to gather and whether a new New York will would make things easier for the people you leave behind. It is general information, not legal advice.

When New York may accept the old will

New York may admit a written will signed abroad to probate if it was signed and executed in line with New York law, or with the law of the place where it was signed as of that time, or with the law of the place where you were domiciled when you signed it or when you die (EPTL 3-5.1(c)). Formal validity is only the first step. Your family may still need witnesses, a translation, and proof of the foreign execution rules.

Why a valid will can still be hard to use

Foreign wills often lack the self-proving affidavit New York lawyers usually add, so the court may need testimony or another sworn proof from witnesses who now live abroad. An oath taken outside New York is generally treated as a New York oath when it carries the certificate needed to record a deed acknowledged outside New York, which in some cases includes a certificate of conformity (CPLR 2309(c); RPL 299-a). The will may also need a certified translation and an apostille. If the witnesses cannot be found, probate may still be possible, but it is often slower and more fact-heavy. See foreign documents translations apostilles new york.

Revocation clauses and forced shares

If you sign a new will, a sentence that revokes all prior wills may revoke the will in your home country as well as any New York will. In many civil-law countries, children or a spouse have a forced share that a will cannot fully remove. Those rules may govern assets there. They do not, by themselves, decide New York property, though the analysis depends on domicile and the facts. Counsel abroad should read any will you plan to sign or replace.

A spouse's right of election

If you are domiciled in New York when you die, your spouse generally has a right of election. A foreign will that leaves the spouse little may still face that claim. The right is technical and has deadlines. Marriage, divorce, or an agreement may change the result. See cross border marriages if your spouse's ties also cross a border.

When a new New York will is worth doing

Consider a New York will if you are now domiciled here, if the witnesses to the foreign will would be hard to reach, if you have married, divorced, or had a child, or if the old will names a fiduciary who cannot practically serve. A new will should be coordinated with any will you keep for assets abroad, so neither document revokes the wrong will. Bring both drafts to a Free Consultation. Call (212) 518-3868 or see free consultation.

A calm review after you move

Do this once, then revisit it when your family or your assets change. You do not need to decide everything in a single weekend.

Find the signed originalProbate generally needs the original will, or a careful explanation if it is missing. A scan is a useful start. It is not the same as the signed paper.
Note where and how it was signedWrite down the place, the date, and who the witnesses were. Those facts affect which execution law you may rely on under EPTL 3-5.1(c).
Check what the will revokesRead the revocation clause. If you still want a will in your home country to stand, a New York will has to be written so it does not cancel that document.
List New York and foreign assets separatelyUse asset inventory worksheet. Property here and property abroad may need different documents and different advisers.
Ask counsel abroad about forced sharesIn many civil-law countries, a spouse or child may have a share you cannot freely give away. We do not advise on that law. Ask a lawyer there.
Decide whether a New York will is simpler to proveIf you now live here and intend to stay, a New York will is often easier for your family to prove. Keep it coordinated with any foreign will you still need.
Bring the questions to a Free ConsultationCall (212) 518-3868 or go to free consultation. Bring the foreign will, even if it is not in English. We practice New York law only.
The one most people forget Beneficiary forms that override the willLife insurance and many retirement accounts pass by beneficiary form, not by the will. An old form naming someone abroad may surprise your family. Review those forms with your tax adviser when you update the will.

Country notes: questions to raise in a consultation

Which other country is in the picture often changes the plan. These are questions to bring to a Free Consultation, not answers for every family. Schwartsman Law Group practices New York law only. Where another country's law may matter, we coordinate with counsel abroad. Call (212) 518-3868.

Is there a U.S. estate or gift tax treaty? Most countries have none. As of the IRS list reviewed on November 8, 2026, the United States has estate and/or gift tax treaty provisions with Australia, Austria, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, the Netherlands, South Africa, Switzerland, and the United Kingdom. Canada's estate provisions sit in Article XXIX B of the U.S.–Canada income tax treaty. Each treaty works differently. Check the current IRS estate and gift tax treaties page before relying on any country.
Does a document need an apostille or consular legalization? That depends on whether both the country that issued the paper and the country that will use it are parties to the Hague Apostille Convention, with the Convention in force between them and without a relevant objection. Membership alone is not enough. Check the HCCH status table for the Apostille Convention. An apostille authenticates the origin, signature, capacity, and seal of a public document. It does not prove the contents are true, that the document is valid under local law, or that a New York court or clerk will accept it.
Does the other country reserve fixed shares for family (forced heirship) or treat trusts differently? Many civil-law countries do. For property situated in New York, a will made by someone not domiciled in New York may, in some cases, elect New York law under EPTL 3-5.1(h). New York's highest court has applied such an election to reject a foreign forced-heirship claim to New York assets (Matter of Renard, 56 NY2d 973 (1982)). Results depend on the facts, and the election does not control property abroad. Foreign counsel should review the home-country side.
Will an heir or beneficiary living abroad receive a New York share without court conditions? Under SCPA 2218, if a noncitizen beneficiary lives in a country to which U.S. government checks cannot be sent under federal rules, the court directs that the share be paid into court until a later court order. The court may also do so in some other cases, such as where a beneficiary would not have the benefit, use, or control of the money, or where a foreign country's laws effectively deny New York residents that benefit. Where it appears a noncitizen beneficiary may not have the benefit, use, or control of the share, that person generally has the burden of showing that they will. These questions turn on facts, not on nationality alone. The U.S. Supreme Court held an Oregon reciprocity statute unconstitutional as applied, because probing foreign regimes intruded on the federal foreign-affairs power (Zschernig v. Miller, 389 U.S. 429 (1968)).

I Moved to New York With a Foreign Will