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Do you have a valid Illinois will?

On Behalf of | Oct 27, 2022 | Estate Planning

Creating a will is a smart and responsible step to take as an adult. It’s also an important part of any estate plan. However, before thinking all your affairs are settled, you must ensure the will is valid in the state, which means you have met all legal requirements. 

In Illinois, specific elements must be in place for your will to be considered valid and legally enforceable. Learn more about these here. 

Knowledge of the process

To create a will, you must be at least 18 years old. You must also be of sound mind. Essentially, this means that you must know what you are doing. If it is believed that you were not of sound mind when your will was created, beneficiaries and other family members can contest the will after you pass away. 

Disinterested witnesses

Your will can be any length and size. This doesn’t impact the legality of it. The testator (the person writing the will) must sign the document in the presence of two witnesses. The two witnesses must be individuals who have no interest in the contents of the will. This means they are not beneficiaries, nor have they been given power of attorney over your financial affairs or medical treatment. 

Understanding Illinois will related requirements

Creating a will helps ensure your assets are distributed to your beneficiaries based on your wishes after you pass away. It will also appoint a legal guardian to minor children and designate a financial and medical power of attorney. Because of this document’s importance, it’s imperative to ensure it is legal in the state. Knowing the legal requirements is the best way to meet these requirements.