2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 10/ - Uniform International Wills Act.

(755 ILCS 10/0.01) (from Ch. 110 1/2, par. 50)
Sec. 0.01. 
		Short title. 
		This Article may be cited as the
Uniform International Wills Act.
(Source: P.A. 86-1291; 87-895.)
(755 ILCS 10/1) (from Ch. 110 1/2, par. 51)
Sec. 1. 
		Definitions. 
		In this Act:
(1) "International will" means a will executed in conformity with
Sections 2 through 5.
(2) "Authorized person" and "person authorized to act in connection with
international wills" means a person who by Section 9, or by the laws of the
United States including members of the diplomatic and consular service of
the United States designated by Foreign Service Regulations, is empowered
to supervise the execution of international wills.
(Source: P.A. 86-1291.)
(755 ILCS 10/2) (from Ch. 110 1/2, par. 52)
Sec. 2. 
		International will; validity.
(a) A will is valid as regards form, irrespective particularly of the
place where it is made, of the location of the assets and of the
nationality, domicile, or residence of the testator, if it is made in the
form of an international will complying with the requirements of this Act.
(b) The invalidity of the will as an international will does not affect
its formal validity as a will of another kind.
(c) This Act does not apply to the form of testamentary dispositions
made by 2 or more persons in one instrument.
(Source: P.A. 86-1291.)
(755 ILCS 10/3) (from Ch. 110 1/2, par. 53)
Sec. 3. 
		International will; requirements.
(a) The will must be made in writing.  It need not be written by the
testator himself.  It may be written in any language, by hand or by any
other means.
(b) The testator shall declare in the presence of 2 witnesses and of a
person authorized to act in connection with international wills that the
document is his will and that he knows the contents thereof.  The testator
need not inform the witnesses, or the authorized person, of the contents
of the will.
(c) In the presence of the witnesses, and of the authorized person, the
testator shall sign the will or, if he has previously signed it, shall
acknowledge his signature.
(d) If the testator is unable to sign, the absence of his signature does
not affect the validity of the international will if the testator indicates
the reason for his inability to sign and the authorized person makes note
thereof on the will.  In that case, it is permissible for any other person
present, including the authorized person or one of the witnesses, at the
direction of the testator, to sign the testator's name for him if the
authorized person makes note of this on the will, but it is not required
that any person sign the testator's name for him.
(e) The witnesses and the authorized person shall there and then attest
the will by signing in the presence of the testator.
(Source: P.A. 86-1291.)
(755 ILCS 10/4) (from Ch. 110 1/2, par. 54)
Sec. 4. 
		International wills; other points of form.
(a) The signatures must be placed at the end of the will.  If the will
consists of several sheets, each sheet must be signed by the testator or,
if he is unable to sign, by the person signing on his behalf or, if there
is no such person, by the authorized person.  In addition, each sheet must
be numbered.
(b) The date of the will must be the date of its signature by the
authorized person.  That date must be noted at the end of the will by the
authorized person.
(c) The authorized person shall ask the testator whether he wishes to
make a declaration concerning the safekeeping of his will.  If so and at
the express request of the testator, the place where he intends to have his
will kept must be mentioned in the certificate provided for in Section 5.
(d) A will executed in compliance with Section 3 is not invalid merely
because it does not comply with this Section.
(Source: P.A. 86-1291.)
(755 ILCS 10/5) (from Ch. 110 1/2, par. 55)
Sec. 5. 
		International will; certificate. 
		The authorized person shall
attach to the will a certificate to be signed by him establishing that the
requirements of this Act for valid execution of an international will have
been fulfilled.  The authorized person shall keep a copy of the certificate
and deliver another to the testator.  The certificate must be substantially
in the following form:
CERTIFICATE
(Convention of October 26, 1973)
1. I, ................... (name, address, and capacity), a     person authorized to act in connection with international wills,
		
2. certify that on .............. (date) at     ................... (place)
		
3.     (testator)................................................ (name, address, date and place of birth) in my presence and that of the witnesses
		
4. (a) ............... (name, address, date and place of     birth) and
(b) ............... (name, address, date and place of     birth) has declared that the attached document is his will and that he knows the contents thereof.
		
5. I furthermore certify that:
6. (a) in my presence and in that of the witnesses
(1) the testator has signed the will or has acknowledged     his signature previously affixed;
*(2) following a declaration of the testator stating that     he was unable to sign his will for the following reason...................., I have mentioned this declaration on the will;
*and the signature has been affixed by .............     (name and address);
		
7. (b) the witnesses and I have signed the will;
8. *(c) each page of the will has been signed by     ............. and numbered;
		
9. (d) I have satisfied myself as to the identity of the     testator and of the witnesses as designated above;
		
10. (e) the witnesses met the conditions requisite to act as     such according to the law under which I am acting;
		
11. *(f) the testator has requested me to include the     following statement concerning the safekeeping of his will:
		..............................................................
12. PLACE OF EXECUTION
13. DATE
14. SIGNATURE and, if necessary, SEAL
*to be completed if appropriate
(Source: P.A. 86-1291.)
(755 ILCS 10/6) (from Ch. 110 1/2, par. 56)
Sec. 6. 
		International will; effect of certificate. 
		In the absence of
evidence to the contrary, the certificate of the authorized person is
conclusive of the formal validity of the instrument as a will under this
Act.  The absence or irregularity of a certificate does not affect the
formal validity of a will under this Act.
(Source: P.A. 86-1291.)
(755 ILCS 10/7) (from Ch. 110 1/2, par. 57)
Sec. 7. 
		International will; revocation. 
		An international will is
subject to the ordinary rules of revocation of wills.
(Source: P.A. 86-1291.)
(755 ILCS 10/8) (from Ch. 110 1/2, par. 58)
Sec. 8. 
		Source and construction. 
		Sections 1 through 7 derive from
Annex to Convention of October 26, 1973, Providing a Uniform Law on the
Form of an International Will.  In interpreting and applying this Act,
regard shall be had to its international origin and to the need for
uniformity in its interpretation.
(Source: P.A. 86-1291.)
(755 ILCS 10/9) (from Ch. 110 1/2, par. 59)
Sec. 9. 
		
		Persons authorized to act in relation to international will;
eligibility; recognition by authorizing agency.  Individuals who have been
admitted to practice law before the courts of this State and are currently
licensed so to do are authorized persons in relation to international wills.
(Source: P.A. 86-1291.)
(755 ILCS 10/10) (from Ch. 110 1/2, par. 60)
Sec. 10. 
		International will information registration. 
		The Secretary
of State shall establish a registry system by which
authorized persons may register in a central information center,
information regarding the execution of international wills, keeping that
information in strictest confidence until the death of the maker and then
making it available to any person desiring information about any will who
presents a death certificate or other satisfactory evidence of the
testator's death to the center.  Information that may be received,
preserved in confidence until death, and reported as indicated is limited
to the name, social security or any other individual identifying number
established by law, address, and date and place of birth of the testator,
and the intended place of deposit or safekeeping of the instrument pending
the death of the maker.  The Secretary of State's office, at the request of the
authorized person, may cause the information it receives about execution of
any international will to be transmitted to the registry system of another
jurisdiction as identified by the testator, if that other system adheres to
rules protecting the confidentiality of the information similar to those
established in this State.
(Source: P.A. 86-1291.)