San Diego, CA asked in International Law and Probate for Washington

Q: My mother lives in Sydney, AU with my brother but is also a legal resident of WA state. We need to file a will. How?

She lives in Sydney, NSW, Australia.

Is a US citizen and has a home in Mill Creek, WA.

Need a will.

How to file? Foreign will and file in WA or have WA will and will a JP suffice as a notary?

Related Topics:
2 Lawyer Answers
Keith Armstrong
Keith Armstrong
  • Probate Lawyer
  • Spanaway, WA
  • Licensed in Washington

A: Your mother can file her Last Will & Testament in Washington State under RCW CW 11.12.265 prior to her death. The cost is $20. Your mother or proper attorney-in-fact or guardian can withdraw that Will anytime with proper identification. Having it witnessed with two persons makes it legal, notarization makes it stronger but not more legal.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Sacramento, CA

A: To create a valid will for your mother, you will need to follow the laws of both Australia and the state of Washington.

First, your mother should consult with an attorney in Australia to create a will that complies with Australian laws. This will ensure that her assets in Australia are distributed according to her wishes.

Second, your mother should consult with an attorney in Washington to create a separate will that complies with Washington state laws. This will ensure that her assets in the US are distributed according to her wishes.

It is important to note that having multiple wills may cause conflicts and confusion, so it is recommended to make sure both wills are consistent and do not contradict each other.

Regarding the notarization of the will, it will depend on the specific laws of each jurisdiction. Your mother should consult with the attorneys in both Australia and Washington to determine the proper notarization process for each will.

It is also important to keep the original copies of both wills in a safe place and make sure that your mother's designated executor(s) are aware of their responsibilities and have access to the wills.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.