Tuesday, March 31, 2015

SECTION 2-1009.Uniform Probate Code PERSONS AUTHORIZED TO ACT IN RELATION TO INTERNATIONAL WILL; ELIGIBILITY; RECOGNITION BY AUTHORIZING AGENCY.

SECTION 2-1009. 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 who are in good standing as active law practitioners in this state, are hereby declared to be
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authorized persons in relation to international wills.
Comment
The subject of who should be designated to be authorized persons under the Uniform Law is discussed under the heading “Description of the Proposal” in the Prefatory Note.
The first draft of the Uniform Law presented to the National Conference at its 1975 meeting in Quebec City included provision for a special new licensing procedure through which others than attorneys might become qualified. The ensuing discussion resulted in rejection of this approach in favor of the simpler approach of Section 2-1009. Among other difficulties with the special licensee approach, representatives of the State Department expressed concern about the attendant burden on the U.S. as Depositary Government, of receiving, keeping up to date, and interpreting to foreign governments the results of fifty different state licensing systems. 

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