In these cases, an attorney can help you navigate special questions and create a proper plan. However, in certain situations it is a good idea seek legal advice from an attorney, like if you have a child with special needs, or if you have a high net worth (around $10 million) and are concerned about federal estate taxes.
WILL IN ILLINOIS TEMPLATE SOFTWARE
For the vast majority of people, an attorney will simply do the same things that a good will-making software does - ask you questions and then create documents for you based on your information and wishes. An attorney is not required to make a will in Illinois. Do I need an attorney to make a will in Illinois? So, you should definitely make your will self proved to avoid this hassle. So, the witnesses don’t need to physically show up and testify.īy the time a will is submitted to a court, it can be difficult to find witnesses and bring them all to court - not to mention the legal costs. Because the statement is made under penalty of perjury, it’s as if the statement were made in court. An attestation clause is a written, signed statement, made under penalty of perjury, in which the witnesses confirm that the will was properly executed. When a will that isn’t self proved is submitted to the probate court, the court will require testimony from witnesses, or other proof, to establish that the will is what it claims to be.Ī Illinois will is made self proved if the witnesses sign what is called an “attestation clause”. Under Illinois law, a self proved will can be admitted to probate court without the testimony of the witnesses to the will. Notarization is not required, but you should definitely make your will “self proved”. Regarding the will itself, the standard requirements are set forth in 755 ILCS 5/4-3.Įvery 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.Īlthough there are various exceptions and special rules, these are the standard requirements for Illinois wills. If a testator believes there might be any doubt as to his or her mental capacity at the time of the signing, a letter from a doctor affirming mental competence generally can be included with the will.
Even a person with dementia or Alzheimer’s may be deemed to have a sound mind, if lucid at the moment of signing. More specifically, it means that at the time the will is made, you understand that you’re creating a will, the nature of the property you own, and to whom you’re leaving your property. Sound mind generally means that you’re aware of your actions when creating the will. Testator RequirementsĮvery 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. There are requirements for both the person making the will (called a “testator”), and for the will itself. To make a valid will in Illinois, certain legal requirements must be met. Making a Will in Illinois Illinois Will Requirements
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