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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(755 ILCS 10/) Uniform International Wills Act.

755 ILCS 10/0.01

    (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

    (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

    (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

    (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

    (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

    (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:
(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)
(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:
13. DATE
14. SIGNATURE and, if necessary, SEAL
    *to be completed if appropriate
(Source: P.A. 86-1291.)

755 ILCS 10/6

    (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

    (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

    (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

    (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

    (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.)