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Go back to: Title 13 Decedents’ Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Go back to: Chapter 06. General Provisions, Definitions, and Probate Jurisdiction of Court.

Sec. 13.06.068. Choice of law; validity.
 (a) Subject to the other provisions of this section, the formal validity, intrinsic validity, effect, interpretation, revocation, or alteration of a testamentary disposition of real property and the manner in which the property descends at death when not disposed of by will are determined by the law of the jurisdiction in which the land is situated.

 (b) Subject to the other provisions of this section, the intrinsic validity, effect, revocation, or alteration of a testamentary disposition of personal property and the manner in which the property devolves at death when not disposed of by will are determined by the law of the jurisdiction in which the decedent was domiciled at death.

 (c) A will disposing of personal property, wherever situated, or real property situated in this state made within or outside this state by a domiciliary or nondomiciliary of the state where the property is situated, is formally valid and admissible to probate in this state if the will is in writing and signed by the testator and otherwise executed and attested to under the local law of
     (1) this state;

     (2) the jurisdiction where the will was executed at the time of execution; or

     (3) the jurisdiction where the testator was domiciled, either at the time of execution or at death.

 (d) A testamentary disposition of personal property intrinsically valid under the law of the jurisdiction where the testator was domiciled when the will was executed is not affected by a subsequent change in the domicile of the testator to a jurisdiction under the law of which the disposition is intrinsically invalid.

 (e) The interpretation of a testamentary disposition of personal property shall be made under the local law of the jurisdiction where the testator was domiciled when the will was executed.

 (f) Whether a testamentary disposition of personal property is effectively revoked or altered by a subsequent testamentary instrument or by a physical act to or on the will by which the testamentary disposition was made is determined by the local law of the jurisdiction where the testator was domiciled when the subsequent instrument was executed or the physical act performed.

 (g) Subject to (d) — (f) of this section, the intrinsic validity, effect, revocation, or alteration of a testamentary disposition by which a power of appointment over personal property is exercised and the question of whether the power has been exercised at all are determined by
     (1) in the case of a presently exercisable general power of appointment, the local law of the jurisdiction where the donee of the power was domiciled at the time of death;

     (2) in the case of a general power of appointment exercisable by will alone or a special power of appointment, the local law of the jurisdiction
          (A) that the donor of the power expressly selected in the governing instrument to govern the disposition; or

          (B) where the donor of the power was domiciled at the time of death if the donor did not expressly select in the governing instrument a jurisdiction to govern the disposition.

 (h) The formal validity of a will by which a power of appointment over personal property is exercised is determined under (b) of this section on the basis that the testator referred to in (b) of this section is the donee of the power.

 (i) When a testator, who is not domiciled in this state at the time of death, provides in the testator’s will that the testator elects to have the disposition of the testator’s property situated in this state governed by the local law of this state, the intrinsic validity, including the testator’s general capacity, effect, interpretation, revocation, or alteration of the provision, is determined by the local law of this state. The formal validity of the will is determined under (b) of this section.

 (j) Notwithstanding the definition of “real property,” as set out in (l) of this section, whether an estate in, leasehold of, fixture, mortgage, or other lien on land is real property governed by (a) of this section or personal property governed by (b) of this section is determined by the local law of the jurisdiction where the land is situated.

 (k) Notwithstanding the other provisions of AS 13.06AS 13.36, the provisions of this section govern in AS 13.06AS 13.36.

 (l) In this section,
     (1) “effect” means the legal consequences attributed under the local law of a jurisdiction to a valid testamentary disposition;

     (2) “formal validity” means the formalities established by the local law of a jurisdiction for the execution and attestation of a will;

     (3) “interpretation” means the procedure of applying the law of a jurisdiction to determine the meaning of language employed by the testator if the testator’s intention is not otherwise ascertainable;

     (4) “intrinsic validity” means the rules of substantive local law by which a jurisdiction determines the legality of a testamentary disposition, including the general capacity of the testator;

     (5) “local law” means the law that the courts of a jurisdiction apply when adjudicating legal questions that are not related to another jurisdiction;

     (6) “personal property” means property other than real property, and includes tangible and intangible property;

     (7) “real property” means land or an estate in land, and includes leaseholds, fixtures, and mortgages or other liens on land;

     (8) “testamentary disposition” means disposition under a will.

Other Sections in this Chapter: