CHAPTER 860

INTERNATIONAL WILLS

Table of Contents

Sec. 50a-1. (Formerly Sec. 45-194a). International will: Definitions.

Sec. 50a-2. (Formerly Sec. 45-194b). International will: Validity.

Sec. 50a-3. (Formerly Sec. 45-194c). International will: Requirements.

Sec. 50a-4. (Formerly Sec. 45-194d). International will: Other points of form.

Sec. 50a-5. (Formerly Sec. 45-194e). International will: Certificate of valid execution.

Sec. 50a-6. (Formerly Sec. 45-194f). International will: Effect of certificate.

Sec. 50a-7. (Formerly Sec. 45-194g). International will: Revocation.

Sec. 50a-8. (Formerly Sec. 45-194h). International will: Source and construction of law.

Sec. 50a-9. (Formerly Sec. 45-194i). International will: Attorney as authorized person.

Secs. 50a-10 to 50a-29. Reserved


Sec. 50a-1. (Formerly Sec. 45-194a). International will: Definitions. For the purposes of sections 50a-1 to 50a-9, inclusive:

(1) “International will” means a will executed in conformity with sections 50a-2 to 50a-5, inclusive.

(2) “Authorized person” and “person authorized to act in connection with international wills” means a person who by section 50a-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.

(P.A. 87-369, S. 1.)

History: Sec. 45-194a transferred to Sec. 50a-1 in 1991.

Sec. 50a-2. (Formerly Sec. 45-194b). 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 sections 50a-1 to 50a-9, inclusive.

(b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.

(c) Sections 50a-1 to 50a-9, inclusive, do not apply to the form of testamentary dispositions made by two or more persons in one instrument.

(P.A. 87-369, S. 2.)

History: Sec. 45-194b transferred to Sec. 50a-2 in 1991.

Sec. 50a-3. (Formerly Sec. 45-194c). International will: Requirements. (a) The will shall 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 two 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.

(P.A. 87-369, S. 3.)

History: Sec. 45-194c transferred to Sec. 50a-3 in 1991.

Sec. 50a-4. (Formerly Sec. 45-194d). International will: Other points of form. (a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet shall 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 shall be numbered.

(b) The date of the will shall be the date of its signature by the authorized person. That date shall 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 shall be mentioned in the certificate provided for in section 50a-5.

(d) A will executed in compliance with section 50a-3 is not invalid merely because it does not comply with this section.

(P.A. 87-369, S. 4.)

History: Sec. 45-194d transferred to Sec. 50a-4 in 1991.

Sec. 50a-5. (Formerly Sec. 45-194e). International will: Certificate of valid execution. The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of sections 50a-1 to 50a-9, inclusive, 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 shall be substantially in the following form:

CERTIFICATE

I, .... (name, address, and capacity), a person authorized to act in connection with international wills, certify that on .... (date) at .... (place) (testator) .... (name, address, date and place of birth) in my presence and that of the witnesses (a) .... (name, address, date and place of birth) (b) .... (name, address, date and place of birth) has declared that the attached document is his will and that he knows the contents thereof.

I furthermore certify that:

(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);

(b) The witnesses and I have signed the will;

*(c) Each page of the will has been signed by .... and numbered;

(d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;

(e) The witnesses met the conditions requisite to act as such according to the law under which I am acting;

*(f) The testator has requested me to include the following statement concerning the safekeeping of his will:


PLACE OF EXECUTION       

DATE               

SIGNATURE and, if necessary, SEAL

*to be completed if appropriate

(P.A. 87-369, S. 5.)

History: Sec. 45-194e transferred to Sec. 50a-5 in 1991.

Sec. 50a-6. (Formerly Sec. 45-194f). 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 sections 50a-1 to 50a-9, inclusive. The absence or irregularity of a certificate does not affect the formal validity of a will under sections 50a-1 to 50a-9, inclusive.

(P.A. 87-369, S. 6.)

History: Sec. 45-194f transferred to Sec. 50a-6 in 1991.

Sec. 50a-7. (Formerly Sec. 45-194g). International will: Revocation. An international will is subject to the ordinary rules of revocation of wills.

(P.A. 87-369, S. 7.)

History: Sec. 45-194g transferred to Sec. 50a-7 in 1991.

Sec. 50a-8. (Formerly Sec. 45-194h). International will: Source and construction of law. Sections 50a-1 to 50a-9, inclusive, derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying sections 50a-1 to 50a-9, inclusive, regard shall be had to its international origin and to the need for uniformity in its interpretation.

(P.A. 87-369, S. 8.)

History: Sec. 45-194h transferred to Sec. 50a-8 in 1991.

Sec. 50a-9. (Formerly Sec. 45-194i). International will: Attorney as authorized person. 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.

(P.A. 87-369, S. 9.)

History: Sec. 45-194i transferred to Sec. 50a-9 in 1991.

Secs. 50a-10 to 50a-29. Reserved for future use.