This is the second in a series of “accession kits” for international conventions in the field of private international law. The first, entitled The Hague Conventions on The Service of Process, The Taking of Evidence and Legalisation, was prepared by Professor David McClean in conjunction with the Commonwealth Secretariat, and this present “kit” was similarly prepared by Professor Keith Patchett.

The Commonwealth Law Ministers at their Meetings held in Winnipeg in August 1977 and in Barbados in April/May, 1980 referred to the cooperation between the Commonwealth Secretariat and the Hague Conference on Private International Law and to the desirability of those Commonwealth governments who are not members of the Conference being kept fully informed of developments there. As a consequence of these initiatives, information is being prepared for Commonwealth governments on a number of existing Conventions prepared by the Hague Conference and other international agencies; in general, these Conventions are treaties which are already in force and which are open for accession by States in the Commonwealth.

The Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions was finalised at the Ninth Session of the Hague Conference on Private International Law, and concluded on 5 October 1961.

The Convention is open for accession to states which are not Members of the Hague Conference. Any state, either, at the time of accession, by a declaration or, anytime thereafter, by notice, may extend the Convention to any territory for whose international relations it is responsible. The instrument of accession and any notice of extension must be deposited with the Ministry of Foreign Affairs of the Netherlands.

The Convention providing a Uniform Law on the Form of an International Will was drafted under the auspices of the International Institute for the Unification of Private Law (UNIDROIT) and concluded at a diplomatic Conference in Washington on 26th October, 1973. It came into force on 9th February, 1978. Although signed by 12 States (including Sierra Leone and the United Kingdom from the Commonwealth), none of which has ratified.

The Convention is open to accession by any state. A Contracting State may extend the Convention to all or any of the territories for whose international relations it is responsible or, when the state comprises several territorial units with different systems of law, to all or any of those units. The instruments of accession and notices declaring any such extensions must be deposited with the Government of the United States of America, the Depositary.

The Convention concerning the International Administration of the Estates of Deceased Persons was finalised at the Twelfth Session of the Hague Conference on Private International Law and signed on 21st October, 1972. It is not yet in force.

The Convention on the Establishment of a Scheme of Registration of Wills, drawn up by member States of the Council of Europe, was concluded on May 16, 1972. It was then signed by 8 States, including the United Kingdom, and has subsequently been ratified by 5 States, including Cyprus but not the United Kingdom. It came into force on March 20th, 1976.