Cross-Border Attestation and Interjurisdictional Wills
ACTEC Law Journal, Vol. 47, p. 121, 2021
9 Pages Posted: 11 Jan 2022
Date Written: December 21, 2021
After nearly two years of difficult effort to contain the coronavirus outbreak, remoteness is firmly embedded in the American psyche. Throughout the country, emergency orders permitting will execution and attestation to be conducted by simultaneous audio-visual transmission have allowed estate planning to proceed. There are currently bills in some state legislatures to make permanent the temporary emergency measures adopted during the pandemic. Remote execution and attestation may be here to stay, even in a world where electronic wills remain rare. This article addresses what is likely to become a more familiar manner of will execution in a post-pandemic world and will test the admissibility of interjurisdictional wills to probate against existing rules of probate jurisdiction, choice-of-law norms, case law, and the new directions in will execution forged during the coronavirus pandemic.
Keywords: attestation, will execution, witnessing, presence, interjurisdictionality, teleconferencing, choice of law, probate jurisdiction, place of execution, domicile, foreign wills, electronic wills
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