Thursday, June 13, 2013

Hand written wills

 Rhoda lived in New York City, she came to the United States after the Holocaust and may of her relatives lived in Israel.
She often visited Israel and she had a bank account in Bank Leumi in Tel Aviv.She decided that her money in Israel she would leave to her relatives after her death.Rhoda did not like Lawyers so she decided to write in her hand writing a last will and Testament. Rhoda died in New York and was a resident of New York State at the time of her death.
Is her hand written will valid?

Israeli Law states that the law that applies to Rhoda is the the Law of New York State because Rhoda was a resident of New York State at the time of her death.New York State does not recognize hand written wills, Israeli Law does recognize hand written wills.Will Rhoda's will be recognized in Israel and will her Israeli relatives receive the funds she left them in Bank Leumi? Many lawyers from the United States told me the will was invalid New York state does not recognize hand written wills. I was able to to solve the problem in the following way.New York State recognizes the right to bequeath assets by a last will and Testament.Therefore  the substantive law of New York State allows Rhoda to bequeath her assets via a Last will and Testament, the fact that the will was hand written (without witnesses) is a matter of  form and the form of the will is governed by Israeli Law.Rhoda's relatives received the the funds deposited in Bank Leumi.