Re: OT: Wills and a Public Trustee
Kevin Gowen wrote:
> There is also the issue of what constitutes a valid will in each
> jurisdiction. For example, in some US states, holographic wills (wills
> written in longhand by the testator, usually unwitnessed) are
> recognized. Florida does not recognize unwitnessed holographs. I've not
> read the Japanese or Australian laws on this issue, but it's at least a
> possibility.
My will in NSW was written in the offices of the Public Trustee, and
then witnessed therein. So I'm guessing that it would basically be a
matter of whether the will was recognised in Japan or not. I've
contacted the embassy to see if they have any info (I'm going out on a
limb and taking the risk of assuming people have died before).
> Another wrinkle is that Australia is an Anglo-American common law
> system, while Japan is a quasi-civil law system. For example, there is
> no equivalent to the 公証人 in Australia.
I was under the impression that the 公証人 was basically the
equivalent of a notary public, and that the gig involved performing
similar duties to those in Australia. I am aware that there is a
difference between notaries public in Oz and the US, with those in the
latter being a dime a dozen so to speak.
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