Articles Posted in International Estate planning

Florida Honors Foreign Wills

Florida is a prominent destination for immigrants.  Immigrants come from all over the world to live in Florida and hopefully become U.S. citizens.  Sunshine and beaches are not the only things that attract them to Florida, but also the hopes of providing a better life for their families.  Providing a better life for their family includes supporting them during life and after death.  A valid will ensures that immigrants have the ability to provide for their families after death by controlling the disposition of their property.

Accordingly, Florida Statute sections 732.502 and 734.104 have a significant impact on immigrants.  Section 732.502  states that, “any will, other than a holographic or nuncupative will, executed by a nonresident of Florida . . . is valid as a will in this state if valid under the laws of the state or country where the will was executed.”  A holographic will is a testator’s handwritten will.  A nuncupative will is an oral will whereby the testator states his wishes to someone and those wishes are never memorialized in writing.  Holographic and nuncupative wills are not valid in Florida even if valid in the person’s home jurisdiction.  Thus, Florida will respect foreign wills as long as the foreign wills are valid in the country in which they are executed and are not holographic or nuncupative wills.  People with foreign wills should be diligent to ensure that their foreign wills are not classified as holographic or nuncupative wills and that their wills were validly executed in their home jurisdiction.