Valid Will
Vaild will
The requirements of a valid Will are provided in the Probate Act of 1975, Article IV: Wills.
In Illinois, to create a Will, the testator must be (1) at least 18 years of age, and (2) of sound mind with the mental capacity to understand the consequences of their actions. Once the testator meets these two requirements, a Will is valid if it is:
- In writing;
- Signed by the testator; and
- Witnessed and attested to by two or more credible adults in the presence of the testator.
Outline of a "Simple" Will:
- ARTICLE FIRST: Testator directs executor to pay taxes and expenses.
- ARTICLE SECOND: Testator identifies their marital status and closest family members.
- ARTICLE THIRD: Testator gives personal and household effects to whomsoever testator chooses.
- ARTICLE FOURTH: Testator gives residue (or balance) of estate to whomsoever testator chooses.
- ARTICLE FIFTH: Testator names the executor and gives various powers to the executor.
- Signature
How to modify a Will
To update or modify a Will, one must follow the proper steps. Modifying a Will cannot be done simply by handwriting or typing an edit then initialing it. This is a common misconception seen in many Hollywood films. However, this is not a valid modification as no one witnessed the modification (or at least there's no proof of a witness). For this reason, please contact an attorney for any changes to be valid. To properly execute a modification, one must execute a document called a codicil.
What is a codicil?
A codicil is a document modifying a Will, either by adding or revoking part of the Will. The codicil must meet the same requirements as the original Will (listed above).
Upon the death of the testator, their Will must be filed with the clerk of the circuit court in the county where they resided at the time of death.
Looking to order a death certificate? Check out:
Ordering a Death Certificate in Cook County, IL
Ordering a Death Certificate in Dupage County, IL
Ordering a Death Certificate in Kankakee County, IL
Ordering a Death Certificate in Will County, IL
Revoking a Will
A Will can be revoked. To properly revoke a Will, it must be done either by the testator or with the direct consent of the testator. Meaning, the testator must be aware of its revocation.
A Will cannot be revoked simply due to:
- Change in circumstances; or
- Change in marital status.
However, if you decide to revoke a Will, there are things to keep in mind:
- Have you contacted an attorney to make sure this was done properly?
- Have you created, or do you intend to create, a Will replacing the one revoked?
