Illinois Courts Evaluate the Probate of Greek and Italian Wills by Balancing Statutory Compliance, International Authentication Standards, and Evidentiary Requirements
We’ve blogged about the important role of Apostilles and certified translation in the probate of wills written in a foreign language. The probate of foreign wills in Illinois presents unique legal challenges, particularly when multiple wills exist across jurisdictions. Courts must balance the requirements of the Illinois Probate Act with international document authentication standards while ensuring the testator’s intent is honored. Two key cases, Michas v. Estate of Tassaras and In re Estate of Jones, illustrate how Illinois courts evaluate the validity of foreign wills (a Greek will and an Italian will), the evidentiary requirements for their admission, and the procedural safeguards against fraud or undue influence. These cases provide valuable insight into how courts apply statutory requirements and international legal principles when determining whether a foreign will should be admitted to probate in Illinois.
Michas v. Estate of Tassaras
In Michas v. Estate of Tassaras, William A. Michas, the executor of Evangelos Basil Tassaras’s estate, appealed the Circuit Court of Will County’s decision to admit a 1996 Greek will to probate. This will was later in time than a 1993 American will that had already been admitted. The petition to probate the Greek will included an Apostille in compliance with the Hague Apostille Convention, which authenticated foreign public documents. This Apostille covered the minutes of a Greek court hearing in Piraeus, Greece that recorded the verbatim reading of the will. Greek attorney Michael G. Papazissis provided affidavits explaining Greek probate law, describing how a testator dictates the will to a notary in the presence of witnesses as well as translations of certain Greek codes, followed by court certification upon the testator’s death.
After multiple motions, the Circuit Court admitted the Greek will to probate, relying on Papazissis’s affidavits and the Apostille, despite no formal ruling on a motion to strike the affidavits. The Illinois Appellate Court, Third District, affirmed this decision.
Did the Circuit Court Err By Admitting the Greek Will Without Striking the Papazissis’s Affidavits?
The appellants contended that the Circuit Court erred by admitting the Greek will without striking the Papazissis’s affidavits. They argued that the affidavits lacked certified copies of supporting documents, contained legal conclusions, and were not based on Papazissis’s personal knowledge, thus failing to meet Supreme Court Rule 191(a) requirements for summary judgment motions.
However, the Appellate Court ruled that admitting a will to probate is not a final adjudication of its validity but merely establishes a prima facie case. Since probate proceedings differ from summary judgment motions, Rule 191(a) did not apply. The Circuit Court was entitled to rely on the affidavits for admission purposes.
Did the Greek Will Fail to Meet Evidentiary Requirements under Illinois Law?
The appellants also argued that the Greek will failed to meet statutory requirements under section 7-3(b) of the Probate Act, which mandates a certified copy of the will and a certificate from the legal custodian confirming its validity under Greek law. The Appellate Court determined that the Apostille, which authenticated the Greek court record, satisfied these requirements. In Greece, the official court record serves as the legally operative will, making the Apostille equivalent to certification by the legal custodian.
Furthermore, the Appellate Court found that the will could also be admitted under section 7-3(a), which allows admission of a foreign will probated outside Illinois. The Greek judicial process, while different from the U.S. system, effectively constituted probate, a fact conceded by the appellants. Since the apostille provided an authenticated copy of both the Greek will and its probate, the requirements of section 7-3(a) were also met.
The Appellate Court ultimately affirmed the Circuit Court’s decision, reinforcing that a foreign will meeting statutory requirements and authenticated through a recognized process should be admitted to probate.
In re Estate of Jones
A similar legal issue arose in In re Estate of Jones, where the Illinois courts addressed the probate of a foreign holographic will executed in Italy. The decedent, Day Lynn Jones, was born in Illinois, but passed away in Milan, Italy, on May 8, 2022. His sister, Lisa Motsch, initially sought to administer his estate as intestate, arguing that his 2019 holographic will was invalid under Illinois law. However, Guiseppe Napoleone, a legatee under the 2019 will, filed a petition to admit the will to probate, asserting its validity under Italian law.
Motsch moved to dismiss, citing undue influence as well as noncompliance with Illinois law and the Uniform International Will Act (the UIWA). Napoleone countered that the will was properly authenticated and valid under Italian law, thereby meeting Illinois probate requirements. After a hearing, the Circuit Court of Wayne County denied Motsch’s motion, granted Napoleone’s petition in part, and admitted the Italian holographic will to probate while denying the request to remove Motsch as administrator. Motsch appealed.
Should the Illinois Appellate Court Have Admitted the 2019 Italian Holographic Will?
The Appellate Court affirmed the Circuit Court’s ruling, finding it supported by the record and not against the manifest weight of the evidence.
On appeal, Motsch challenged the admission of Jones’s 2019 holographic will to probate. The court reaffirmed that a will must be admitted to probate if statutory requirements are met, unless proven invalid due to fraud, forgery, or undue influence. Under Illinois law, foreign wills may be admitted if they comply with the law of the place of execution or the testator’s domicile. The 2019 holographic will met Italy’s legal requirements and was registered in Milan.
Motsch did not dispute its compliance with Italian law but argued fraud based on an email from Jones in 2021 referencing a prior will. The Appellate Court found this insufficient to establish fraud. Additionally, Motsch failed to provide a complete record of the Circuit Court proceedings on appeal, which is required to challenge that court’s findings. Without such a record, the Appellate Court assumed the lower court’s ruling was supported by sufficient evidence. Consequently, the Circuit Court’s order admitting the 2019 holographic will to probate was affirmed.
Important Legal Principles Concerning Admission of Foreign Wills to Probate in Illinois
These cases establish several important legal principles regarding the admission of foreign wills to probate in Illinois. Under sections 7-1 and 7-3 of the Illinois Probate Act, foreign wills may be admitted to probate if they were executed in accordance with the law of the place where they were executed or the testator’s domicile. The Act requires either an authenticated copy of the will and its probate or a certificate from the legal custodian verifying the will’s validity under the applicable foreign law.
Authentication under the Hague Apostille Convention
Authentication under the Hague Convention plays a crucial role in this process, as the use of an Apostille provides sufficient verification for foreign public documents, including court records and wills. A properly authenticated foreign will can serve as a legally operative document even if the probate process differs from Illinois procedures.
Role of Affidavits in Establishing Foreign Law
Additionally, courts may rely on affidavits from foreign legal experts to interpret foreign probate law and validate wills executed abroad. These affidavits are not subject to the strict evidentiary rules that apply to summary judgment motions, as admitting a will to probate is not a final determination of its validity.
Burden of Proof in Probate Appeals
The burden of proof in probate appeals further underscores the procedural requirements in these cases. The proponent of a will must establish compliance with statutory requirements but is not required to prove its validity in all respects at the admission stage. Furthermore, an appellant challenging probate admission must provide a complete record of the circuit court proceedings; otherwise, the appellate court will presume the lower court’s ruling was correct. These principles ensure that Illinois courts recognize and enforce foreign wills while maintaining proper procedural safeguards.
Ensuring the Admission of Foreign Wills in Illinois
The admission of foreign wills to probate in Illinois requires compliance with statutory requirements, proper authentication, and evidentiary support. The cases of Michas v. Estate of Tassaras and In re Estate of Jones demonstrate that Illinois courts prioritize procedural compliance and authentication over strict adherence to domestic probate procedures. These rulings reinforce the precedent that foreign wills, when properly executed and authenticated, should be admitted to probate in Illinois, ensuring that the testator’s final wishes are honored across jurisdictions.
Reach out to certified genealogists, legal interpreters, legal translators and Apostille experts at All Language Alliance, Inc. to obtain certified Apostille translation of testamentary documents, including certified translation of holographic wills and certified translation of notarial wills written in Greek; Italian; Romanian; Polish; Spanish; Thai; Hungarian; Turkish; Hebrew; German; Lithuanian; French; Portuguese, and other foreign languages.
#alllanguagealliance #certifiedtranslation #certifiedtranslationservices #Greekwilltranslation #Italianwilltranslation #Apostille #Greektranslationservice #Italiantranslationservices #legaltranslation #legaldocumenttranslation #legaltranslationservices #probatetranslationservices #holographicwill #notarialwill #holographicwilltranslation #notarialwilltranslation