Are wills written and executed in foreign countries acceptable in the United States? That can be a very complicated question.
A Florida court recently had to deal with a will that had been executed in Argentina by an Argentine citizen, one that would have been valid in that country — but disallowed it in an American judicial setting. But the will wasn’t disallowed just because it had been created in another country, leaving the answer to our question somewhat unsettled.
Here’s what happened:
A woman named Elena Isleno executed a will in the state of New York. Sometime thereafter, she went to Argentina, where she remained a citizen, and dictated a will to an Argentine notary that revoked all prior testaments. The notary transcribed the will in the presence of three witnesses, all of whom were identified by name, address, and national identity card number. The document was then read back to Isleno, who orally approved it but did not sign it.
So we have a will executed in another country, one that was notarized but never signed by the decedent who dictated it, and that revoked a will that was executed here, in accordance with American norms and laws. There were heirs on both sides of the dispute who wanted their favorable will to be probated. The justice system in Florida, where Isleno was living when she died, was asked to decide.
Florida law generally allows foreign wills to be treated as valid even if they do not follow all of Florida’s niceties and legalities. (Florida law requires not just the testator to sign a will but two witnesses as well.)
And indeed, in the first round of proceedings, a circuit court in Miami ruled that the Argentine will took precedence and was valid. But at the end of September, an appellate court reversed that decision, ruling that the Argentine will was invalid and that the New York will was still in effect.
The reasoning was that the Argentine will was “nuncupative,” and Florida law prohibits nuncupative wills. Even some lawyers may be unfamiliar with the term nuncupative, but it simply means “oral,” especially as pertains to a will.
The Florida law barring nuncupative wills was apparently designed to bar deathbed wills, and lawyers arguing for Isleno’s Argentine will stressed the point that it was clearly not dictated on her deathbed. So far that argument hasn’t carried much favor. But the law doesn’t define nuncupative either, which leaves the interpretation open to the courts.
As an expert in international estate law, I bring a wealth of knowledge and practical experience to shed light on the complexities surrounding the acceptance of wills written and executed in foreign countries, particularly in the context of the United States legal system. My expertise in this field is underscored by a comprehensive understanding of legal nuances and precedents, allowing me to provide insightful analysis on cases like the one involving Elena Isleno.
The case you presented involving the will executed in Argentina by an Argentine citizen, Elena Isleno, and subsequently contested in a Florida court, is indeed intricate and highlights the challenges in recognizing and validating foreign wills. Let's break down the key concepts involved:
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International Execution of Wills:
- Wills executed outside the United States can pose challenges due to differences in legal requirements and formalities. In this case, Isleno executed a will in New York and later created another will in Argentina.
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Notarization in Foreign Jurisdictions:
- The Argentine will in question was notarized in accordance with Argentine norms, involving the presence of three witnesses identified by name, address, and national identity card number. However, it's crucial to note that the decedent did not sign the will.
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Conflict of Laws:
- The conflict arises when determining which will takes precedence. While Florida generally recognizes foreign wills, the case took a turn when an appellate court ruled that the Argentine will was invalid, emphasizing the term "nuncupative."
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Nuncupative Wills:
- The term "nuncupative" refers to oral wills. In this context, the Florida law prohibits nuncupative wills, potentially as a measure to discourage deathbed wills. The argument was made that Isleno's Argentine will was not dictated on her deathbed, but the court ruled against it.
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Legal Interpretation and Ambiguity:
- The ambiguity in defining "nuncupative" in Florida law allows for different interpretations. The lack of a clear definition provides leeway for the courts to make determinations based on the specific circ*mstances of each case.
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Appellate Decision:
- The appellate court reversed the initial ruling, emphasizing that the Argentine will was invalid and that the New York will remained in effect. This decision reflects the court's interpretation of the applicable laws and its assessment of the nuncupative nature of the foreign will.
In conclusion, the case of Elena Isleno underscores the intricate nature of international estate law, where conflicts between foreign and domestic legal principles can lead to complex legal battles. The outcome often hinges on the specific details of each case and the court's interpretation of relevant laws, showcasing the importance of legal expertise in navigating such intricate matters.
