Intellectual Property Intellectual Property

Validity of a will executed in a foreign place

 
 
Internet Data and Security
The internet is forever expanding nonstop. Twenty years ago it may have been possible to archive the entire internet into a simple 80 gig hard drive. Today you will need thousands and thousands of servers archive the entire internet and that number will continue to grow as long as we continue using the internet. The internet ... Read more


 Home | Legal | Intellectual property

Validity of a will executed in a foreign place

This Intellectual Property Article is Brought To You By - David-Natenzon

GENERAL RULE AS TO VALIDITY OF A WILL EXECUTED IN A FOREIGN PLACE

1. A Will is to be taken to be properly executed if its execution conforms to the Internal Law in force in the place:-

* a) where it was executed; or
* b) which was the testator's domicile or habitual residence, either at the time the Will was executed, or at the testator's death; or
* c) of which the testator was a national, either at the date of execution of the Will, or at the testator's death.

2. The following Wills are also to be taken to be properly executed:-

* a) a Will executed on board a vessel or aircraft, if the Will has been executed in conformity with the internal law in force in the place with which the vessel or aircraft may be taken to have been most closely connected having regard to its registration and other relevant circumstances; or
* b) a Will, so far as it disposes of immovable property, if it has been executed in conformity with the internal law in force in the place where the property is situated; or
* c) a Will, so far as it revokes a Will or a provision of a Will which has been executed, to have been properly executed in conformity with any law by which the earlier Will or provision would be taken to have been validly executed; or
* d) a Will, so far as it exercises a power of appointment, if the Will has been executed in conformity with the law governing the validity of the power.

3. A Will to which this applies, so far as it exercises a power of appointment, is not to be taken to have been improperly executed because it has not been executed in accordance with the formalities required by the instrument creating the power.

Notwithstanding the above, we stress that it is more appropriate to execute a Will that complies fully with all local requirements. This is in preference to having to establish both the bona fides of the Will and the country of origin in which the Will was originally executed.

  • Intellectual Property Products on our marketplace

  • David Natenzon has gained extensive experience in different aspects of commercial,corporate, and litigation matters and manages Rosendorff's employment law division.He has developed an extensive knowledge of the WorkChoices legislation and is an Associate Member of the Law Institute of Victoria. For more details, visit: www.rosendorff.com.au
    Please Rate The Article From The
    Intellectual Property Category

    Validity of a will executed in a foreign place

     

    Not yet Rated

    Intellectual Property Related Articles Via RSS

    Boost your websites' search engine ranking! Attract more repeat visitors! Automatically, consistently update your content via Really Simple Syndication (RSS). To syndicate the above article and other Intellectual Property related articles on your blog or site, simply click on the XML Icon above to grab the RSS feed.

  • Legal Update - Owners Corporation Act (2006)
    The Owners Corporation Act (the 'Act') was passed on 14 September 2006 and received assent on 19 September 2006. The Act, in effect, replaces and enlarges upon the regulations under the Subdivision Act 1988 with regard to bodie...
  • Capital Gains Tax - Improved Concessions for Small Business
    Tax Laws Amendment (2006 Measures No 7) Bill 2006 passed through Parliament on 29 March 2007. It now awaits Royal Assent. The Bill will improve the access of small business to a number of Capital Gains Tax (CGT) concessions. ...
  • A fast house sale and dealing with cash buyers.
    We talk to a lot of people in various circumstances, whether it's selling due to repossession, divorce, too much debt, or just to release some equity. Today's homeowners have lots of options to sell their property; they could go...
  • How To Protect What You Create With A Copyright
    In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protectio...
  • © 2008 Article24.info All Rights Reserved.