Is a Will written in a foreign country considereed legal in the US?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is a Will written in a foreign country considereed legal in the US?

I am an American citizen and permanent resident of the Philippines; no residency in OH but have property and bank accounts there.

Asked on September 9, 2011 under Estate Planning, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you sign a will in a foreign country and it complies with the requirements of the state where it may ultimately be probated in the United States, then the will will be valid in the state where it may ultimately be offered to probate.

For example, if the will is type written, most states in this country require that it be witnessed by at least two disinterested people to the will who are above eighteen (18) years of age and do not stand to inherit anything under the will. The will needs to be signed and dated by its maker and signed and dated by the two witnesses.

If the will is a holographic will (entirely in print or long hand by its maker) all states in this country require that the will be dated and signed by its maker but there is no requirement for having any witnesses to it. However, prudence suggests that all wills be witnessed by at least two adults who stand to gain nothing under the document.

Good question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption