The laws of Illinois allow its residents to allocate their assets to their dependents and other beneficiaries according to their own wishes. They can do this using what is known as an Illinois Last Will and Testament.
The assets shared by most people upon their death include cash on hand, real and personal property, fiduciary holdings, cars, and lands etc. These days, digital properties can also be shared. This article reveals a lot more about a last will and testament Illinois, its importance, legal requirements for writing one and the processes involved in writing and executing one.
What Is an Illinois Last Will And Testament?
An Illinois will form or last will and testament, like florida will and georgia will is a legal document that allows individuals to share their assets in any proportion they deem fit, amongst their family, relatives, friends and in some cases, charity organizations when they pass away in the state of Illinois. The one who allocates his or her assets to these designated beneficiaries is known as a testator.
The testator would usually appoint an executor that sees to the execution of the will according to his/her wishes. The probate court supervises the executor and ensures that the executor is functioning according to the dictates of the will.
The laws guiding Illinois last will and testament are contained in 755 IL CS5 Probate Act of 1975.
The Importance of Writing an Illinois Last Will and Testament
It is important to write an Illinois last will and testament for the following reasons:
- It gives instructions on how the testator’s properties should be shared after his or her demise.
- Without one, the testator’s assets will be distributed according to a predetermined formula by a court-appointed administrator. The state might also decide to auction the properties.
- Using a last will, a testator can appoint a guardian over his or her minor children
Legal Requirements of Illinois Wills
There are legal requirements to be met before an Illinois last will and testament is regarded as valid or effective. These requirements include those to be met by the testator and requirements for the will itself.
According to the law, the principal must be at least 18 years old and of sound mind at the time of writing the will. To confirm mental competence at the time of creating the will, the testator might include a letter or notice from a certified doctor confirming their mental competence.
All Illinois will forms must be in writing, signed by the testator in the presence of at least two witnesses. The law says: “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.”
Under Illinois law, notarization is an option rather than a requirement. The testator can make the will “self-proving”, which makes the will acceptable before a probate court without witnesses.
How to Write a Last Will and Testament in Illinois?
The testators must obtain a template for a will in Illinois from a reputable website like CocoSign or fetch one from a court office.
The testators must fill the form with information like their name, city and county of residence. He/She must then carefully review the Taxes section.
They must nominate an executor and fill in the details of this person. They are to also name an alternate executor who is to take charge in the event that the primary executor is unavailable or unwilling to serve.
They must then name their beneficiaries and provide information about them like their relationship with them, their contact address, etc.
The initiator of the last will must then carefully check through sections like bond, governing law, gender, assignment etc before appending their signatures.
They must sign in the presence of some witnesses, then have these witnesses sign the document as well.
The testator can then opt for notarization by a notary public.
It is impossible to overlook the importance of writing one’s last will and testament Illinois before passing away. On CocoSign, you will find free printable Illinois last will and testament forms you can download for free.
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