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Ely, Counselor at Law
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Are POAs and Wills executed outside the US, honored by our

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Are POAs and Wills executed outside the US, honored by our legal system?

Thank you!

Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me which state the POA would be used in, as well as the Will, if possible?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.


Thank you.

The answer is yes, provided that the POA/Will fits the criteria as outlined by Illinois.

Illinios recognizes a power of attorney under 755 ILCS 45 (Illinois Power of Attorney Act). A Power of Attorney shall be deemed valid if it is signed and notarized. However, it remains the right of a third party to reject the Power of Attorney, but most should have no issues with it. It must be in English.

Provided that the Will is signed by the testator, signed by two witnesses, and notarized (not required per se, but is very helpful if challenged), then it should be accepted even if drafted and executed outside Illinois or US jurisdiction.

If the Will is in a language other than English, a credible and court-certified translator would need to enter a certified translation with the Court.

Source: Illinois Compiled Statutes; Chapter 755 Estates; Part 5 Probate Act of 1975; Article 4 Wills, Sections 4-1, 4-3 & 4-6; and Article 6 Probate of Wills and Issuance of Letters of Office, Section 6-4.

I hope this helps and clarifies.

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