Illinois' Requirements for a Will
Illinois' Requirements for a Will
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Illinois' Requirements for a Will

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Summary of Illinois's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) No
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit No

 

 

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Statutes Governing Illinois's Will Requirements:

 

Capacity of testator

Every person who has attained the age of 18 years and is of sound mind and memory has power to bequeath by will the real and personal estate which he has at the time of his death.

Illinois Requirements for a Will - 755 Illinois Compiled Statutes 5/41

 

Signing and attestation

(a) Every will shall be in writing, signed by the testator or by some person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses.

(b) A will that qualifies as an international will under the Uniform International Wills Act is considered to meet all the requirements of subsection (a).

Illinois Requirements for a Will - 755 Illinois Compiled Statutes 5/43

 

Beneficiary or creditor as witness

(a) If any beneficial legacy or interest is given in a will to a person attesting its execution or to his spouse, the legacy or interest is void as to that beneficiary and all persons claiming under him, unless the will is otherwise duly attested by a sufficient number of witnesses as provided by this Article exclusive of that person and he may be compelled to testify as if the legacy or interest had not been given, but the beneficiary is entitled to receive so much of the legacy or interest given to him by the will as does not exceed the value of the share of the testator's estate to which he would be entitled were the will not established.

(b) No individual or corporation is disqualified to act or to receive compensation for acting in any fiduciary capacity with respect to a will of a decedent by reason of the fact that any employee or partner of such individual or any employee or shareholder of such corporation attests the execution of the will or testifies thereto. No attorney or partnership of attorneys is disqualified to act or to receive compensation for acting as attorney for any fiduciary by reason of the fact that the attorney or any employee or partner of the attorney or partnership attests the execution of the will or testifies thereto.

(c) If real or personal estate is charged with any debt by a will and the creditor whose debt is so secured attests the execution of the will, the creditor may testify to its execution.

Illinois Requirements for a Will - 755 Illinois Compiled Statutes 5/46

 

[Reference - Illinois Requirements for a Will]

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