A will is a document that specifies the distribution of a person's assets upon their death. In Illinois, there are certain legal requirements for will to be valid. If you decide to forego the experience of an estate planning attorney, you should be aware of these requirements.
The testator -- the person that makes a will that goes into effect upon her death -- must be eighteen years old or older when they make the will. The testator must also be of "sound mind." Sound mind generally means that the person hasn't been ruled incompetent in a judicial proceeding. The testator must also have intent that the document is her will. The will must: be in writing; be signed by the testator, or at his direction and in his presence; and must have two witnesses who also sign in the testator's immediate vicinity or presence.
The testator's signature doesn't have to be exactly like previous signatures. In fact, any mark made by the testator, or at his direction and in his presence, is allowed. The witnesses must sign within the testator's presence, though it does not have to be viewed by the testator. For example, the witness could sign in front of a blind testator, and it would probably be fine as long as the testator knew what was going on. Ideally the witnesses should not be "interested," which means they shouldn't be receiving anything in the will. If they are interested, it probably won't invalidate a will, but will affect what the witness receives.
The signature of the testator does not have to be at the very end of the document. It can be signed virtually anywhere, although a traditional signing at the end of the document is pretty standard.
Oral wills and holographic wills are not allowed in Illinois. Holographic wills are handwritten but not properly witnessed. An oral will is one that was recited by the testator. Neither is legal in Illinois, however a holographic will created in a state that allows them will be accepted in Illinois.
This is not legal advice. Everyone with questions about estate planning should talk to an estate planning attorney in their state.
The testator -- the person that makes a will that goes into effect upon her death -- must be eighteen years old or older when they make the will. The testator must also be of "sound mind." Sound mind generally means that the person hasn't been ruled incompetent in a judicial proceeding. The testator must also have intent that the document is her will. The will must: be in writing; be signed by the testator, or at his direction and in his presence; and must have two witnesses who also sign in the testator's immediate vicinity or presence.
The testator's signature doesn't have to be exactly like previous signatures. In fact, any mark made by the testator, or at his direction and in his presence, is allowed. The witnesses must sign within the testator's presence, though it does not have to be viewed by the testator. For example, the witness could sign in front of a blind testator, and it would probably be fine as long as the testator knew what was going on. Ideally the witnesses should not be "interested," which means they shouldn't be receiving anything in the will. If they are interested, it probably won't invalidate a will, but will affect what the witness receives.
The signature of the testator does not have to be at the very end of the document. It can be signed virtually anywhere, although a traditional signing at the end of the document is pretty standard.
Oral wills and holographic wills are not allowed in Illinois. Holographic wills are handwritten but not properly witnessed. An oral will is one that was recited by the testator. Neither is legal in Illinois, however a holographic will created in a state that allows them will be accepted in Illinois.
This is not legal advice. Everyone with questions about estate planning should talk to an estate planning attorney in their state.
About the Author:
Want to find out more about estate planning in Illinois, then talk to Chicago estate planning attorney Nick Wroblewski. Learn more about his flat rate wills, trusts, and estate planning, in addition to business planning issues at his website.
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