Legal Question in Wills and Trusts in Illinois

will created by a UK citizen, by an Illinois attorney, for assets overseas

Dear Sir/Madam, I should be most appreciative if you would advise me of the issues which may arise in administering a will which is created by a citizen of the United Kingdom and is constructed by a practising attorney in Illinois. The will's primary asset is a large UK company which owns many overseas subsidiaries. The British testator and the Illinois attorney were friends who made this will in Australia. I would greatly appreciate any form of feedback, however brief, however vague, in order to head myself in the right direction regarding this somewhat obscure scenario. I thank you in advance for your time, and will certainly contact promising replies with a view to formal representation. Kind Regards, Dave


Asked on 1/14/04, 11:52 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: will created by a UK citizen, by an Illinois attorney, for assets overseas

Well, the will is likely to be administered by a royal court in the United Kingdom, and I am of course unaware of the particularities of the law there. The fact that an Illinois attorney drafted the will may mean that Illinois law will be helpful to resolve any ambiguities in the will (because Illinois law was the "context" or backround the Illinois lawyer was familiar with), no doubt the law of the United Kingdon will govern the admisnistration and even interpretation of the will. If the primary asset of the estate is all or some of the capital stock of the business you refer to, than I see no need for other courts, say of Illinois or Australia, to get involved. If the decedent owned real estate outright (not through a corporation or other vehicle), however, the court where the real estate is located will have to get involved. Also, if the decedent was living outside the United Kingdom at the time of the death, other courts, other than a royal court, may be properly involved.

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Answered on 1/15/04, 6:44 am


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