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

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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 12 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.


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