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CONVENTION ON THE CONFLICTS OF LAWS RELATING TO THE FORM OF TESTAMENTARY DISPOSITIONS
(The Hague, 05/10/1961)
ENTRY INTO FORCE : IN ACCORDANCE WITH ARTICLE 15
Depositary: N/A
| Parties | Date of Signature | Date of ratification / Other | Entry Into Force | Domestication Legislation (where available) |
|---|---|---|---|---|
| Fiji | d | 10 Oct 1970 | ||
| Tonga | d | 4 Jun 1970 | Forms of Testamentary Dispositions Act | |
| (for the Kingdom in Europe) | ||||
| Antigua and Barbuda | d | 1 Nov 1981 | ||
| Australia | 22 Sep 1986 a | 21 Nov 1986 | ||
| Austria | 5 Oct 1961 | 28 Oct 1963 Rt | 5 Jan 1964 | |
| Belgium | 10 Oct 1968 | 20 Oct 1971 Rt | 19 Dec 1971 | |
| Bosnia and Herzegovina | 5 Oct 1961 | 25 Sep 1962 d | 5 Jan 1964 | |
| Botswana | 18 Nov 1968 a | 17 Jan 1969 | ||
| Brunei Darussalam | 10 May 1988 a | 9 Jul 1988 | ||
| China , Hong Kong Special Administrative Region only | 23 Aug 1968 | |||
| Croatia | 5 Oct 1961 | 25 Sep 1962 d | 5 Jan 1964 | |
| Denmark | 5 Oct 1961 | 21 Jul 1976 Rt | 19 Sep 1976 | |
| Estonia | 13 May 1998 a | 12 Jul 1998 | ||
| Finland | 13 Mar 1962 | 24 Jun 1976 Rt | 23 Aug 1976 | |
| France | 9 Oct 1961 | 20 Sep 1967 Rt | 19 Nov 1967 | |
| Germany | 5 Oct 1961 | 2 Nov 1965 Rt | 1 Jan 1966 | |
| Greece | 5 Oct 1961 | 3 Jun 1983 Rt | 2 Aug 1983 | |
| Grenada [#] | d | 7 Feb 1974 | ||
| Ireland | 3 Aug 1967 a | 2 Oct 1967 | ||
| Israel | 11 Nov 1977 a | 10 Jan 1978 | ||
| Italy | 15 Dec 1961 | |||
| Japan | 30 Jan 1964 | 3 Jun 1964 Rt | 2 Aug 1964 | |
| Lesotho (formerly Basutoland) | d | 4 Oct 1966 | ||
| Luxembourg | 5 Feb 1968 | 7 Dec 1978 Rt | 5 Feb 1979 | |
| Mauritius | d | 12 Mar 1968 | ||
| Netherlands | 17 Mar 1980 | 2 Jun 1982 Rt | 1 Aug 1982 | |
| Norway | 5 Oct 1961 | 2 Nov 1972 Rt | 1 Jan 1973 | |
| Poland | 3 Sep 1969 a | 2 Nov 1969 | ||
| Portugal | 29 Sep 1967 | |||
| Serbia and Montenegro (formerly the Federal Republic of Yugoslavia ) | 5 Oct 1961 | 25 Sep 1962 d | 5 Jan 1964 | |
| Slovenia | 5 Oct 1961 | 25 Sep 1962 d | 5 Jan 1964 | |
| South Africa | 5 Oct 1970 a | 4 Dec 1970 | ||
| Spain | 21 Oct 1976 | 11 Apr 1988 Rt | 10 Jun 1988 | |
| Swaziland | 23 Nov 1970 a | 22 Jan 1971 | ||
| Sweden | 5 Oct 1961 | 9 Jul 1976 Rt | 7 Sep 1976 | |
| Switzerland | 9 Sep 1970 | 18 Aug 1971 Rt | 17 Oct 1971 | |
| The Former Yugoslav Republic of Macedonia | 5 Oct 1961 | 25 Sep 1962 d | 5 Jan 1964 | |
| Turkey | 23 Aug 1983 a | 22 Oct 1983 | ||
| United Kingdom of Great Britain and Northern Ireland | 13 Feb 1962 | 6 Nov 1963 Rt | 5 Jan 1964 | |
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Fiji: Reservations
Articles [9
Reservation made by the United Kingdom at the time of the extension of the Convention to Fiji and retained by Fiji
... in accordance with Article 9 of the Convention that, in respect of each of the above-named territories, the United Kingdom reserves the right, 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.
Tonga: Reservations
Articles [9,10
Reservation made by the United Kingdom at the time of the extension of the Convention to Tonga, and retained by Tonga
... in accordance with Article 9 of the Convention that, in respect of each of the above-named territories, the United Kingdom reserves the right, 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.
Furthermore, Tonga made the following reservation
In accordance with Article 10 of the Convention, Tonga reserves the right, in respect of this territory, not to recognize testamentary dispositions made orally, save in exceptional circumstances by one of its nationals possessing no other nationality.
Australia: Declarations
Articles [17
...in accordance with Article 17 the Convention extends to the Australian States and mainland territories, and to the Coral Sea Islands Territory, the Territory of Heard Island and McDonald Islands, and the Australian Antarctic Territory.
Austria: Reservations
Articles [12
With the reservation provided for in Article 12 of the Convention
Belgium: Reservations
Articles [10
With the reservation provided for in Article 10 of the Convention
Botswana: Reservations
Articles [1,8
(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, People's Republic of: Notifications
This Convention applies to the Special Administrative Region of Hong Kong only, as a result of an extension made by the United Kingdom of Great Britain and Northern Ireland. When Hong Kong was restored to the People's Republic of China on 1 July 1997, China declared that the Convention will continue to apply for Hong Kong
Date of entry into force of the Convention for Hong Kong: 23 August 1968
Estonia: Reservations
The Republic of Estonia shall not recognize testamentary dispositions made orally, save in exceptional circumstances, by an Estonian national possessing no other nationality.
France: Reservations Declarations
Articles [10
Sous rйserve, pour la France de ne pas reconnaоtre, en vertu de l'article 10 de la Convention, les dispositions testamentaires faites, en dehors de circonstances extraordinaires, en la forme orale par un de ses ressortissants n'ayant aucune autre nationalit
En ratifiant cette Convention, le Prйsident de la Rйpublique Franзaise, Prйsident de la Communautй, dйclare qu'elle s'applique а l'ensemble du territoire de la Rйpublique Franзaise, c'est-а-dire les Dйpartements europйens, les Dйpartements d'Outre-Mer et les Territoires d'Outre-Mer.
Luxembourg: Reservations
Articles [1
(Translation)
The Grand-Duchy of Luxembourg reserves the right
1) to determine, in derogation of Article 1, paragraph 3, of the Convention, the place where the testator had his domicile in accordance with the lex fori
2) not to recognize testamentary dispositions made orally, save in exceptional circumstances, by a national of Luxembourg possessing no other nationality
3) to exclude from the application of the Convention any testamentary clauses which, under the law of Luxembourg, do not relate to matters of succession
Netherlands: Reservations
(Translation)
Save in exceptional circumstances, testamentary dispositions made orally by Netherlands nationals who at that time possess no other nationality shall not be recognized in the Netherlands
Poland: Reservations Declarations
Articles [12
With the reservation provided for in Article 12 of the Convention
The instrument of accession was accompanied by a Note of 2 September 1969, with the following declaration
The Embassy of the Polish People's Republic presents its compliments to the Ministry of Foreign Affairs and - referring to the Ministry's Note of December 3, 1968 forwarded to this Embassy together with a list of States Parties to the Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, signed at The Hague on October 5, 1961, which contains information on the German Federal Republic putting in force the provisions of this Convention for West Berlin - under instruction of its Government has the honour to communicate that the Government of the Polish People's Republic rejects the declaration by the German Federal Republic, as it is inconsistent with the international status of West Berlin which has never been and is not a constituent part of the German Federal Republic
The Embassy would appreciate it if the Ministry would bring the communication of the Government of the Polish People's Republic to the knowledge of all signatory States to the said Convention.
South Africa: Reservations
Articles [9,10,12
Subject to the reservations contemplated in Articles 9, 10 and 12 of the Convention
Swaziland: Reservations
Articles [9
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.
Switzerland: Reservations
Articles [10
With the reservation provided for in Article 10 of the Convention
The former Yugoslav Republic of Macedonia
One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 5 January 1964. On 20 September 1993, The former Yugoslav Republic of Macedonia declared itself to be bound by the Convention
By letter dated 30 November 1993, the Ambassador of Greece to the Netherlands informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands that His Government does not recognize The former Yugoslav Republic of Macedonia and consequently does not consider itself to be bound by the Conventions to which the latter is a Party
No objection has been received from the other Contracting States
Turkey: Reservations
Articles [9,10,12
(Translation)
The Republic of Turkey reserves 1. the right in accordance with Article 9, 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
2. the right in accordance with Article 10, not to recognize testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessing no other nationality
3. the right in accordance with Article 12, to exclude from the application of the present Convention any testamentary clauses which, under its laws, do not relate to matters of succession
United Kingdom of Great Britain and Northern Ireland: Reservations Declarations
Articles [9
In accordance with the provisions of Article 9 of the present Convention, the United Kingdom of Great Britain and Northern Ireland hereby reserves its rights, 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.
Extension of the Convention to former British territories* on 16 December 1964 (the Convention entered into force for these territories on 14 February 1965)
Antigua
Basutoland
Brunei
Dominica
Gambia
the New Hebrides •• (as fas as the jurisdiction of the British National Court is concerned)
Saint Christopher, Nevis
Seychelles
and on the dates indicated to
Barbados •• on 9 March 1965 (entered into force on 8 May 1965)
British Guyana •• on 9 March 1965 (entered into force on 8 May 1965)
Mauritius**• 21 December 1965 (entered into force on 19 February 1966)
Saint Lucia •• 14 March 1966 (entered into force on 13 May 1966)
Saint Vincent •• 14 June 1966 (entered into force on 13 August 1966)
Swaziland • 23 March 1967 (entered into force on 22 May 1967)
Hong Kong ••• 24 June 1968 (entered into force on 23 August 1968)
* With the following reservation: "... in accordance with Article 9 of the Convention that, in respect of each of the above-named territories, the United Kingdom reserves the right, 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.
** With the following reservation: "Furthermore, in accordance with Article 10 of the Convention, the United Kingdom 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.
• This country achieved independence and declared that it considers itself bound by the Convention or acceded to the Convention (see infra under other States)
•• This country achieved independence. No declaration has been made on the continuation in force of the Convention. Date of independence: Dominica became the Commonwealth of Dominica (3 November 1978); Gambia (18 February 1965); New Hebrides became the Republic of Vanuatu (30 July 1980); Saint Christopher and Nevis became Saint Kitts and Nevis (19 September 1983); Seychelles (29 June 1976); Barbados (30 November 1966); British Guyana became the Republic of Guyana (26 May 1966); Saint Lucia (22 February 1979); Saint Vincent became Saint Vincent and the Grenadines (27 October 1979)
••• On 1 July 1997, the Government of the United Kingdom of Great Britain and Northern Ireland restored Hong Kong to the People's Republic of China. See under "CHINA, Hong Kong Special Administrative Region
United Kingdom of Great Britain and People's Republic of China
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997, the Minister for Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 3 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong
The Note from the Ambassador of the United Kingdom reads as follows
«Your Excellency
I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to 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) which applies to Hong Kong at present
I am also instructed to state 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
I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention
(...)
(signed Rosemary Spencer)
The Note from the Ambassador of the People's Republic of China reads as follows
(Translation)
Your Excellency
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 Government 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
In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification
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 depositary, 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, 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
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention
(...)
(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of the Netherlands)
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