There are those people explains Brian D. Lerner, will lawyer, 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. Brian Lerner, Will Attorney, explains that 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.
Brian Lerner, Will Attorney asks, what are the requirements for the international will? The will shall be made in writing states the will attorney. 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 states Brian Lerner. Additionally, the will attorney explains that 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 explains Brian D. Lerner, will attorney.
Regarding executing the will, Brian D. Lerner, will attorney states that 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. Of course, Brian Lerner, will attorney states that sometimes the testator is actually unable to sign the will. If the testator is unable to sign, explains the will attorney, 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 explains Brian Lerner. Additionally, Brian Lerner, will attorney states that the witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.
Brian Lerner, will attorney, states that a 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 clarifies Brian Lerner, will attorney.
Brian Lerner, will attorney asks where is the signature supposed to go on an international will? The signatures shall be placed at the end of the will states Brian Lerner. 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 indicates Brian Lerner, will attorney. 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 explains Brian D. Lerner, will attorney.
Brian D. Lerner, Will Attorney explains that the international will is subject to the ordinary rules of revocation of a will. One other item explains Brian Lerner, will attorney is that with the international wills, the Secretary of State shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then making it available to any person desiring information about any will who presents a death certificate or other satisfactory evidence of the testator’s death to the center. The validity of a will executed in conformity with the Uniform International Wills Act explains Brian Lerner, will attorney is recognized by other states or countries that have adopted the Act. Use of this type of will may benefit a client who is likely to move to another jurisdiction or who anticipates admission of the will in multiple jurisdictions.