Legal Question in Wills and Trusts in New York

LEGAL Will

My father was born in Barbados. However, has been living in Brooklyn, NY since 1967. Brooklyn is his primary residence. He passed away in December of 2006. I recently found out that a Will has surfaced in Barbados. Someone said that he completed the Will when he was visiting Barbados in 2005. Since his primary residence is NY, is this Will valid?


Asked on 12/16/08, 5:08 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: LEGAL Will

The Will is valid if it was executed in compliance with the laws of Barbados or the laws of New York, in effect at the time of execution.

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Answered on 12/17/08, 9:00 am
Walter LeVine Walter D. LeVine, Esq.

Re: LEGAL Will

I agree with Norman, but there may be problems in its probate. If it does not conform to NY law, where it should be probated as NY was his primary residence, you may have to do what is called Administration With the Will Annexed, which is just another form of probate, but where the Will does not meet all requirements. Did he have property in Barbados? If so, you may also have to do some form of probate there also.

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Answered on 12/17/08, 12:04 pm


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