The Illinois last will and testament template is a legally binding document that testator used to describe how their will be divided among beneficiaries after their passing. Unlike living will, the last will and testament comes into effect when the testator has died.
Furthermore, by using this legal document, you can make sure that your loved ones receive a specific portion of your estate. In Illinois, if you don’t make a will then the succession laws take over the process of distributing the property.
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You, as a potential testator, want to learn the requirements to create your will in Illinois. In Article 4 of the Probate Act, all these requirements are mentioned;
- A person must be 18 or older to become a testator.
- Testators don’t have mental issues with memory and decision-making.
- Testators have to sign the document or by someone on behalf of them in their presence.
- In Illinois, last will and testament needs signatures of two witnesses who can’t be beneficiaries.
- The last will and testament must be in writing to become valid.
- Testators have the right to select any person to be their beneficiary.
When making a will, you as a testator must have a sound mind and be completely aware of your actions. You must write the will in the in the presence of a lawyer or other professionals who give these types of legal services. There are many ways that they can be disputed later even if the law states that these types of will can be permitted.
Notarize your last will and testament:
Unlike other states, Illinois doesn’t require wills to be notarized to make them legal. However, when you notarize the document, it ensures that it cannot be contested. If you sign the document in the presence of witnesses, you will not have to face any problems. The Will can be self-proved in Illinois as long as the witnessing and signage are done accurately.
The consequences of not making a will:
Without leaving a last will and testament, when an Illinois resident passes away then Intestate succession laws specify how assets are distributed and who is entitled to them. Intestacy laws may vary from state to state. All the estate and financial decisions about the deceased’s estate in Illinois given to the closest relatives.
Furthermore, the retirement savings, bank accounts, and properties you own without co-ownership are covered under intestacy laws in Illinois. All the assets co-owned by you are non-probate and don’t come under intestacy laws.
The Illinois Probate Act specifies how assets are distributed if someone passes away without leaving a will. The first people to inherit all of the assets are children and spouses. The assets are transferred to grandparents or parents in the children and spouse not present. In addition, the rights are transferred to more distant relatives in case no close relatives are present.
The advantages of creating a Will in Illinois:
Here are the benefits of making a Will in Illinois;
- When you make a Will, the government can’t seize your property. The government will absorb all of your assets if they cannot trace your relatives and you have no spouse or descendants.
- You can also make a will for pets and beneficiaries to make sure that your pets are taken care of as well. When there are no living pets covered, then the will is terminated.
- In your Illinois will, you can name guardians for your children and specify the person who will look after them as well as their responsibilities.
Free Illinois Last Will and Testament Template
Illinois Last Will and Testament Template
Printable Illinois Last Will and Testament Form
In conclusion, the Illinois last will and testament template & form is a legal document that makes sure the estate is distributed as per the decedent’s wishes. The testator requires two witnesses in the state of Illinois to sign the document to make it valid.