Plurality of wills in international succession with part of the estate in Chicago

Abstract

International successions linked to Spain and the USA continue to generate multiple controversies derived from the concurrence of two radically opposed legal systems: common law and civil law. Added to this clash of such disparate legal worlds is the complexity derived from the absence of a uniform international rule to resolve the various difficulties that may arise when determining the applicable law of succession or resolving substantive issues. In the absence of a bilateral or multilateral convention on the recognition of a will in both countries, practice has opted for a pragmatic approach based on the efficiency of the system. The execution of two wills that comply with the formal requirements imposed by both legislations is essential for proper succession planning.