Last Will and Testament for Married Person with Adult and Minor Children
Note: This summary is not intended to provide
an all-inclusive discussion of the law of wills in Illinois, but does include
basic and other information. This summary does not include handwritten
wills.
Who may make a will: Every person who has
attained the age of 18 years and is of sound mind and memory may make a
will. 755 ILCS 5/4-1
Signing and attestation: Every will shall
be in writing, signed by the testator and attested in the presence of the
testator by 2 or more credible witnesses. 755 ILCS 5/4-3
Beneficiary as witness: If a will
shall leave property to a witness (or spouse of a witness) to a will, the
provision to the witness is void as to that witness, unless the will is
witnessed by at least 2 other independent witnesses. However, the
witness is entitled to receive so much of the interest given to him by
the will to the extent that he would have received if the will had not
been made (i.e. under the laws of intestate succession). 755 ILCS 5/4-6
Revocation of a will: A will may be
revoked only:
(1) by burning, cancelling, tearing or obliterating it by
the testator himself or by some person in his presence and by his direction
and consent,
(2) by the execution of a later will declaring the revocation,
(3) by a later will to the extent that it is inconsistent with the prior
will or
(4) by the execution of an instrument declaring the revocation
and signed and attested in the manner prescribed by this Article for the
signing and attestation of a will. 755 ILCS 5/4-7
