The Illinois last will and testament, also known as a will, is a legal document that details the testator’s wishes regarding the distribution of their assets, the upbringing of their children, and other matters after their passing. A personal representative, also known as an executor, is a responsible individual appointed to oversee the distribution of the estate in compliance with the terms of the will.

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Making a will is a crucial step in the estate planning procedure. A last will and testament, sometimes known as just a will, is a legal document that names the guardian of your minor children and states your wishes for the distribution of your assets upon your death. A will can be made by anyone who is at least eighteen years old.

State Statute Governing Illinois Wills

Illinois Compiled Statutes Chapter 755 ILCS 5/4

Illinois Will Age Requirements

Age Requirements: 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 or she has.

Illinois Will Signing Requirements

Will Signing Requirements: The will shall be in writing, signed by the testator or by some person in his presence and by his direction.

Illinois Will Witness Requirements

Will Witnessing Requirements: The will should be signed in the presence of two or more credible witnesses, who should also sign the document. ¹

Revoking An Illinois Will

An Illinois will can be revoked by physically destroying it, by creating a subsequent will that declares the previous will void, or by executing an instrument that declares the revocation (a codicil), signed and attested in the same manner as the original will. A will may also be revoked by creating another will that is inconsistent with the previous will. This is consistent with the general principle that the most recent will should have priority over previous versions.