If I am an american citizen living abroad, wher should my will be filed?
02/08/2009 - Category:Wills and Estates - Foreign - State: FL #15195
I am an American citizen living as a permanent resident in Canada. Is it necessary for me to make a will for each country or will one suffice? I have assets in each and pay income tax to both countries.
A nonresident decedent who dies owning real property in Florida and has a will that is being or has been probated in another jurisdiction may qualify to petition the Florida court to admit the decedent's foreign will to record. Once the foreign will is admitted to record by order of the Florida court, the foreign will acts like a deed or muniment of title in the public records transferring the title to the Florida real property to the persons named in the will.
Sometimes it is advisable to have multiple wills if a person has assets in different jurisdictions. Due to the complexities of the various laws and tax implications involved, it is recommended to consult a local attorney who can review all the facts and documents involved.
Generally, a jurisdiction will recognize a will made in another jurisdiction as long as it complies with the requirements of the local jurisdiction. However, it may not be assumed that this will always apply. Alternatively, an international will could be used. Under the International Wills Convention, a certain type of will may be drafted that would be recognized internationally with certain formalities common to all jurisdictions which had adopted the Convention.
The following is an example of a Canadian law:
(1) A will is valid as to the formal requirements for making the will and is admissible to probate if it is made in accordance
(a) with the law of the place where the will is made,
(b) with the law of the will-maker's domicile, either at the date the will is made or at the date of the will-maker's death,
(c) with the law of the will-maker's ordinary residence, either at the date the will is made or at the date of the will-maker's death,
(d) with the law of a country of which the will-maker was a citizen, either at the date the will is made or at the date of the will-maker's death,
(e) with the law of British Columbia, but the will is made outside British Columbia,
(f) with the law of the place where the will-maker's property is situated at the date the will is made or at the date of the will-maker's death,
(g) in the case of a will made on board a vessel or aircraft of any description, with the law of the place with which, having regard to the registration, if any, of a vessel or aircraft, the vessel or aircraft is most closely connected, or
(h) to the extent that the will exercises a power of appointment, with the law governing the essential validity of that power.
(2) If a will is not valid under subsection (1), it is deemed to be valid if a subsequent amendment to the law of the relevant jurisdiction before the deceased person's death would have validated the will.
(3) The formal validity of a will that revokes
(a) a will that would be treated as formally valid under this Division, or
(b) a provision of a will that would be treated under this Division as a formally valid provision, may be determined by reference to any law under which the revoked will or provision of the will would be treated as formally valid and that is relevant for that purpose under this Division.
The following are FL statutes:
733.206 Probate of will of resident after foreign probate.--
(1) If a will of any person who dies a resident of this state is admitted to probate in any other state or country through inadvertence, error, or omission before probate in this state, the will may be admitted to probate in this state if the original could have been admitted to probate in this state.
(2) An authenticated copy of the will, foreign proof of the will, the foreign order of probate, and any letters issued shall be filed instead of the original will and shall be prima facie evidence of its execution and admission to foreign probate.
(3) Any interested person may oppose the probate of the will or may petition for revocation of the probate of the will, as in the original probate of a will in this state.
734.201 Jurisdiction by act of foreign personal representative.--A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding concerning the estate by:
(1) Filing authenticated copies of the domiciliary proceedings under s. 734.104;
(2) Receiving payment of money or taking delivery of personal property, under s. 734.101; or
(3) Doing any act as a personal representative in this state that would have given the state jurisdiction over that person as an individual.
Please see the information at the following links:
Please see the forms at the following link:
Please see the section for Multiple Wills in the following article:
02/08/2009 - Category: Foreign - State: FL #15195
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