Erase In Legal Illinois Wills Forms For Free

There are two basic ways to change a will: (1) by writing a new Will; or (2) by amending a current Will with a codicil. Creating a new Will has become the preferred way to change an estate plan. However, creating a new Will without regard to the old one makes the Will vulnerable to court challenges.

Wills in Illinois don't need to be notarized to be valid, but notarization can make the probate process smoother. That's because, when a will is notarized, it means the probate court doesn't have to summon the witnesses to make sure the will is legally binding.

Your will in Illinois must meet specific legal requirements to be valid. You must have been of sound mind and over 18 years old when drafting and executing it. You must also have two witnesses sign the document in front of a notary.

The Illinois Supreme Court has said that a court may completely invalidate a will if the testator created all of it under undue influence. If only part of it was unduly influenced, the court may invalidate only that portion if it does not ?[defeat] the testator's intent.?

Many clients with whom you consult may be surprised to learn that Illinois law requires that the will of a decedent must be filed with the clerk of the circuit court shortly after the decedent's death (755 ILCS 5/6-1).

A handwritten will meets the definition of a written will as far the law is concerned. This means that any will that is appropriately signed and witnessed is a valid will. A handwritten will that is not witnessed is known as a holographic will and is not valid under Illinois law.