jwb@csse.monash.edu.au wrote:
> Our state courts' presiding officers regularly meet on harmonizing
> such matters, and state and federal ministers are always conferring about
> getting the laws aligned, at least in non-political areas. Doesn't
> that happen in Gozonia?

It varies from state to state. Some states will recognize a will that
doesn't comport with its own laws so long as it comports with the laws
of the state in which it was drafted. Florida demands that the will
comport with its law; it doesn't care if it is valid in another state.

>> I similarly assumed that Australian
>> courts lacked jurisdiction over real property located in Japan. But, I
>> am not licensed in Australia or Japan.
> 
>> 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.
> 
> Curiously I was just reading a short story by 宮本輝 which
> involved a handwritten unwitnessed will. Seems it'd be honoured.

I used holographs simply as an example of ways wills can be valid in one
jurisdiction but not another. I wasn't talking about whether holographs
are kosher under Japanese law.

My guess is that the short story was fictional, though.

>> 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.
> 
> Thank goodness. (I see Prodi is trying to get rid of them in
> Italy, and striking heavy weather.)

Hmm. I became a fan of the civil law notary once I learned about it. I
plan to take the notary exam here once I'm eligible to sit for it. (five
years of practice in Florida)

- Kevin

-- 
Posted via a free Usenet account from http://www.teranews.com