The 3 requirements of a valid Will in Illinois

March 25th, 2010 News

A Will drafted in Illinois can be a powerful legal instrument – when executed properly. If your Illinois Will does not include all three of the elements below, your Will is not valid and will not be admitted in an Illinois probate court.

Here are the three requirements necessary for your Illinois Will to be admitted in an Illinois probate court.

  1. Your Illinois Will must be in writing.
  2. Your Illinois Will must be signed by you (or someone in your presence and acting upon your direction). Your signature should accompany a statement declaring that the execution of your Will is something that you are doing freely and voluntarily. You must be 18 or older and of sound mind and memory.
  3. Your Illinois Will must be attested to by TWO or more qualified witnesses. In your presence, the witnesses must sign a truthful statement declaring they were present when your Will was signed and that they believed that you were of sound mind and memory when your Will was signed.

Wishes that you place on a Will that is not admitted in Illinois, will never be legally enforced in Illinois.

Call David E. Trice, Attorney at Law at 1 773 233 3303 for more information about properly preparing and executing your Will.

Links: My Will Preparation Process