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Illinois Last Will and Testament

An Illinois last will and testament is a legal document used by an individual ("testator") to indicate how their estate should be distributed upon death. A testator can draft a will with instructions on how to disperse assets/funds, property, and even digital property.
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Updated February 14, 2025

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Who can make a will?

Any person over the age of 18 may make a will, so long as they are of sound mind and memory.[1]

Signing Requirements

The testator must sign in the presence of two or more credible witnesses. Both witnesses must sign the document.[2]

Although an interested party may act as a witness, the party’s beneficial interest in the will is voided unless there are two additional witnesses to the will’s execution.[3]

State Definition

“Will” includes testament and codicil.[4]

Sample

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Video

Sources

  1. 755 ILCS 5/4-1(a)
  2. 755 ILCS 5/4-3(a)
  3. 755 ILCS 5/4-6(a)
  4. 755 ILCS 5/1-2.18