How to execute a valid Codicil to a Massachusetts Will whilst being in Europe ?

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How to execute a valid Codicil to a Massachusetts Will whilst being in Europe ?

Mass Will was executed in Mass in the present of 2 witnesses and a Notary. In
order for a Codicil to such Will to be valid under Mass law, how should it be
executed whilst the Testator is residing abroad.
Testator and 2 witnesses at a US Embassy Notary is acceptable ? Or does the
testator need to make the Codicil upon next trip to Mass?
Thank your in advance

Asked on September 8, 2017 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This question is a little more in depth and complicated than it sounds and a little more information would be nice to resolve your concerns.  But I will try my best to help guide you.  Is the Testator still considered a resident of MA? Owns property, etc. there?  My concern is that they have a "nexus" to the state to be bound by their state laws.  If the Codicil is executed in accordance with the state laws on MA then it should be valid there. But I would absolutely have the Testator seek to possible have a new Will drawn up upon return to MA and to specifically address the issue of his or her living abroad now.  Good luck.


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