Probate Challenges Extend Beyond the Pond

Probate is often too complicated, or so suggests Justice Mariusz Załucki of the Supreme Court of the Republic of Poland. Justice Załucki lectured on “The Challenges of Present Will Formalities” in the Chicago courtroom of the Supreme Court of Illinois on September 7, 2022. Chief Justice Anne Burke welcomed Justice Załucki with opening remarks and was joined by her colleagues in the courtroom and remotely. A full courtroom of seventy gathered to hear the lecture in person, and with several others participating therein remotely. 

Justice Załucki argues the intentions of individuals should be respected in transferring property. In his 2021 book, Wills Formalities versus Testator’s Intention: Functional model of effective testation for informal wills, Justice Załucki further expands his contentions with focus on the many formalities, which are required by statutes. As a law professor specializing in civil and comparative law, with extensive knowledge of the Polish, European Union, and other (including American) legal systems, he also advocates for reform in the handling of probate cases to effectively help testators effectuate their desires.

The lecture served as the first part of a fuller program, which concluded with a panel discussion on the lecture. The program served the initial educational adventure of the Illinois Supreme Court Commission on Elder Law, which was constituted earlier in the year as the court’s attempt to address emerging elder law issues in Illinois. The chair of the Commission, Attorney Kerry Peck, championed the program, and as a panelist, supported the need for will formalities to protect against unscrupulous actors. The panel discussion was moderated by Judge Mike Chmiel, and included Judges Ken Wright, who applauded the premise of the lecture but also saw the need for reform, Judge Dan Malone, who heads the Probate Division in Cook County and witnesses probate litigation firsthand, and Attorney Agnes Ptasznik, who recognizes the challenges of different systems requiring different formal requirements to be complied with, and referred to Polish law not recognizing trusts as a prime example of challenges faced in cross-border succession cases. 

Dr. (and Attorney) Justyna Regan inspired the program with knowledge of the visit of Justice Załucki, following previous collaborations with him. The program and a luncheon were underwritten by Miller Canfield, Peck Ritchey, and Chuhak & Tecson; the program was co-sponsored by the Advocates Society, International Network of Boutique and Independent Law Firms, Illinois Judges Association, Illinois State Bar Association, and Chicago Bar Association.

Prior to the program, in his conference room at the Daley Center, Chief Judge Timothy Evans of Cook County greeted Justice Załucki and his wife, Beata Stępień-Załucka, who is professor of constitutional law in Poland. Chief Judge Evans and several judges of Polish heritage from the state of Illinois discussed various challenges facing our legal systems, but also heard about what is happening in Poland with the immigration of millions from the Ukraine.

Judge Mike Chmiel is the presiding judge of the Civil Division of the Twenty-Second Judicial Circuit of the State of Illinois, a past chair of the Bench and Bar Section Council, and continuing legal education coordinator for the section council.