QUESTION: I have a bunch of assets in other places than California. Also, I will be moving soon. Is there a Will I can use here for my Last Will and Testament?
Answer: There are those people who come from other countries, or will move to another country or who will move to another State. Those jurisdictions might not accept the California Statutory Will. California has adopted the Uniform International Wills Act. Under these provisions, a will made in the form of an international will is valid in California, regardless of the place where the will was prepared, the location of the assets, or the testator’s domicile, residence, or nationality.
Question: What are the requirements for the international will?
Answer: The will shall be made in writing. It need not be written by the testator himself or herself. It may be written in any language, by hand or by any other means. Additionally, the testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the testator’s will and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.
Question: How is the Will executed?
Answer: Regarding executing the will, it must be in the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge his or her signature.
Question: What happens if I cannot sign the Will because of an infirmity?
Answer: Of course, sometimes the testator is actually unable to sign the will. If the testator is unable to sign, the absence of the testator’s signature does not affect the validity of the international will if the testator indicates the reason for his or her inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator’s name for the testator if the authorized person makes note of this also on the will, but it is not required that any person sign the testator’s name for the testator. Additionally, the witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
Question: Where is the Will valid?
Answer: This Will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will. The invalidity of the will as an international will does not affect its formal validity as a will of another kind.
Question: Where is the signature supposed to go on an international will?
Answer: The signatures shall be placed at the end of the Will. If the will consists of several sheets, each sheet shall be signed by the testator or, if the testator is unable to sign, by the person signing on his or her behalf or, if there is no such person, by the authorized person. In addition, each sheet shall be numbered states the will attorney. The date of the will shall be the date of its signature by the authorized person. That date shall be noted at the end of the will by the authorized person. The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept shall be mentioned in the certificate. In any case, there are several types of Wills and you should consult with an Estate Attorney to determine which one is best for you.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
