Can a Foreign Will be probated
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Can a Foreign Will be Probated in Hawaii court?
When a foreign national passes away and leaves a will drafted in a country other than the United States, he may want such foreign will to be probated in Hawaii court, such that his assets will be distributed to the beneficiary(s) under his foreign will.
Admissibility of a Foreign Will in Hawaii court
For practical purposes, a foreign will drafted in a country outside of the United States can be admitted in Hawaii court. A will from Japan, for example, will need to be translated into English before it is submitted for probate in Hawaii court. Further, the probate attorney will need to show that the will was validly executed under the laws of the foreign country in which it was executed. For example, for a Notarial Deed Will (Kosei Shosho Igon), which is a type of will drafted very often in Japan, the probate attorney in Hawaii will need to show that the will meets the requirements of a validly-executed Notarial Deed Will (Kosei Shosho Igon) under the Civil Code in Japan.
Conclusion
It is good to know that a foreign will can be admitted for probate in a U.S. court and therefore, a beneficiary of your choosing under the foreign will can succeed to your assets.
Article Source/Courtesy of: Yuka Hongo, Esq. (Hongo Law Office, LLLC)This information is not intended to be a substitute for specific individualized tax, legal or estate planning advice as individual situations will vary. HawaiiEstateAndTrust.com nor its registered representatives or employees, offer tax or legal advice. As with all matters of a tax or legal nature, you should consult with your tax or legal counsel for advice.
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