Illinois Will Requirements

In Illinois to make a will a person must be 18 and of sound mind and memory. The will must be in writing and signed by the person making it who is called the testator. It can also be signed by some other person for the testator if it is signed in the testator's presence and at the testator's direction. It must be attested in the presence of the testator by two or more credible witnesses. If a witness is also a beneficiary of the will the gift to that witness or his or her spouse is void, unless there are sufficient other witnesses to prove the will. However, the witness may receive as much as the witness would have received if there were no will.

To admit a will to probate each of the two attesting witnesses must state: 1) the witness was present and saw the testator or some person in the testator's presence and at the testator's direction sign the will in the presence of the witness - or the testator acknowledged it to the witness as the testator's act; 2) The will was attested by the witness in the presence of the testator and; 3) The witness believed the testator to be of sound mind and memory at the time of signing or acknowledging the will. The statement of the witnesses can be presented to the court in person, by an attestation clause, which is part of the will, or by separate affidavit presented to the court. The affidavit does not have to be signed when the testator signed the will, but it has to recite the presence of the witness when the testator signed and all the other things required for admission of the will.

Naturally the witnesses have to be competent when they witnessed the will.

Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois Probate & Wills
Ph: 312-782-0844 * Fax: 312-201-1436 * Email: donthompsonlaw@sbcglobal.net