[WSBAPT] UNIDROIT Convention

[jbdolan at jbdolan.com]

John:

 

I had considered that, but there are no assets in Washington and the decedent lived and died in Australia.

 

-jbd-

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Monday, December 28, 2020 9:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] UNIDROIT Convention

 

But as you say, if it meets the requirements of RCW 11.12.020 it should be admitted to probate here. Did decedent reside here at death? Can’t you open the dominant here and have them open an ancillary in AU to convey the property there?

 

John J. Sullivan

Sent from my iPad





On Dec 28, 2020, at 8:57 AM, jbdolan at jbdolan.com <mailto:jbdolan at jbdolan.com>  wrote:



Thank you, John.  That article is helpful.  This particular Will meets all of the requirements, except that instead of signing each page with her name, the testatrix initialed each page with her three initials.  

 

-jbd-

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of John J. Sullivan
Sent: Monday, December 28, 2020 8:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] UNIDROIT Convention

 

Jonas: 

 

Just researched this a week or two ago at the front end to see whether I could rely on it to convey a U.S. client’s real property in Canada. 

 

Twenty-three states have adopted  Unfortunately, WA has not adopted the uniform law, although BC and OR both have. I think it’s something the Section should consider advocating. I will recommend a parallel will that deals with the BC property only and complies with its law. 

 

“Uniform International Wills Act.”






https://www.americanbar.org/groups/gpsolo/publications/gp_solo/2011/april_may/estate_planning_withforeignproperty/

 

John J. Sullivan

 

Sent from my iPhone






On Dec 28, 2020, at 7:40 AM, jbdolan at jbdolan.com <mailto:jbdolan at jbdolan.com>  wrote:



Do any of you knowledgeable folks know whether the state of Washington or the USA signed onto the  UNIDROIT (International Institute for the Unification of Private Law) Convention in 1994 (or 1996)?

 

It is a long story, but the short version is we are dealing with a US citizen who lived and died in Australia, leaving a fill in the blank LWT that does not appear to comply with Australian requirements for an “international Will,” although I believe it would pass muster pursuant to Washington law.  (All assets, including real property, are in Australia.) The attorney in Victoria, Australia asked me if I could find out the answer to the question above.

 

Any thoughts would be appreciated.

 

Jim Dolan

 

===================

 

Jones Butler Dolan, PS

www.jbdolan.com <http://www.jbdolan.com> 

www.jonesbutlerdolan.com <http://www.jonesbutlerdolan.com> 

 

Mount Vernon

 

P.O. Box 2784

415 Pine Street 

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

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