To be valid a will must be in writing and signed by the testator or some person in his presence and at his direction and attested in the presence of the testator by two or more credible witnesses. The witnesses must state in court or in an attestation clause on the will that 1) they were present and saw the testator or some person in his or her presence and at his or her direction sign the will in the presence of the witnesses or that the testator acknowledged it to be his or her 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.

Any gift in a will to a witness or the witnesses' spouse is void if more than what the witness would get without the will, provided there aren't two or more other qualified witnesses.

Witnesses should not be family members (potential heirs) or anyone who potentially could benefit from a will's validity or invalidity. Even if they are permissible witnesses their credibility may be challenged.

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