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Re:Using a foreign will as evidence of a domestic wil (1 viewing) (1) Guest
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TOPIC: Re:Using a foreign will as evidence of a domestic wil
#7293
Miami LS (User)
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Using a foreign will as evidence of a domestic wil 7 Years, 1 Month ago Karma: 0  
Have a client that properly executed a Last Will and Testatament in a foreign county. That Will also references the Will which the client executed in the US. The problem is that the US Will was not dated. It was holographic, but not dated as required under state law.

State law says that clear and convincing evidence needs to be proved that the domestic Will capsules the Testator's intend to create the Will. First problem is that i don't have anyone to translate the foreign will from "Mong" to English, and the second problem is proving authenticity of the foreign Will.

Anyone else have this issue before? If so, how did you solve? State law is Florida.
 
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#7308
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Re:Using a foreign will as evidence of a domestic wil 7 Years, 1 Month ago Karma: 0  
Translation should be easy. If you overcome the authenticity hurdle, then you should have clear and convincing evidence of the decedent's intent to create a will.

I take it that the will deviates from what intestate succession provides?
 
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