Oh, and the good news? Illinois expressly permits the use of electronic wills, so you can do everything from home making it easier than ever to get one done. Below, we discuss everything you need to know from the witnesses to notarization and more. Let’s dive in!

To be valid in Illinois, a will must be in writing, signed by the will-maker (known as the testator), and witnessed by two credible individuals (755 ILCS 5/4-3). These requirements serve a crucial purpose: they provide clear evidence of the testator’s intentions, help protect against any claims of coercion or lack of mental capacity, and ultimately help ensure that the will is legally sound and enforceable.

So, what is required of a “credible” witness? Well, for starters, they must be credible, which effectively means someone who is legally competent to testify to the facts they attest by writing their name on the will. In addition, the witness must be “disinterested” which means they are not a creditor of the Testator nor are they a beneficiary of the Testator. They also should not be a child or spouse of a beneficiary/creditor. (755 ILCS 5/4-6; 755 ILCS 6/15-10). Why? Courts want to avoid fraud, or a situation where a witness could be unduly influencing the will-maker in order to benefit from the will.

Let’s use an example to demonstrate. Tom’s will says his entire estate goes to his daughter Ashley. The witnesses to his will are his sister, Jane and his brother, John. Neither Jane nor John are benefiting from the will in any way, so they are able to be credible, disinterested witnesses. However, if Ashley were to replace one of those witnesses, there may be questions of the will’s validity.

The will-maker is of sound mind and memory and be over 18

According to 755 ILCS 5/4-1, the will-maker (a.k.a., the Testator) must be “of sound mind and memory” and be of legal age (18+). This means that a person devising their assets through a will must be mentally coherent and a legal adult. Why? Because the laws want to protect vulnerable people (people under 18 years old and people who may not be mentally stable) from being unduly influenced into devising their assets in a way that doesn’t align with their true intentions.

Nope—there is no requirement to hire a lawyer in order to create a valid will. This would make devising your assets unnecessarily hard for people who aren’t able to afford it or have to devise assets quickly. However, if you have the means and the time to hire a lawyer, you should consider doing so. Why? Because estate planning attorneys (lawyers who create wills) know the ins and outs of your state’s law on wills. They can help reassure you that your will is valid and enforceable and they can even assist your beneficiaries through probate once you pass.

At the end of the day, whether or not to get a will is a personal decision. Maybe you’re okay with the default laws of your state devising your assets. But if you’re not, then you need to understand the requirements of creating a valid will. Hiring an attorney for your will is a personal choice but can help give you peace of mind that you created one that is legally sound.