Illinois

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

755 ILCS 5/41, et seq.

Operative Facts

1. Declarant must be of sound mind and age of majority or status of emancipated person (sample form at 35/3e)
2. signed by declarant or another at declarants direction
3. must be signed in presence of 2 witnesses over 18
4. not effective when pregnant (or at point where could develop to point of live birth with continued application of death delaying procedures)
5. declarant must notify attending physician

Age of Testator

18 years or older and of sound mind and memory

Number of Witnesses Required

Attested in presence of testator by two or more credible witnesses (not necessarily in each other’s presence)

Oral Will Recognition

Not valid

Holographic Will Recognition

Valid if signature and material provisions are in handwriting of testator; does not need witnesses.