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Illinois Mutual Wills Package with Last Wills and Testaments for Married Couple with Minor Children
The Mutual Wills package with Last Wills and Testaments you have found is for a married couple with adult children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions, including provisions for your spouse and children. This package contains two wills, one for each Spouse. It also includes Instructions.
The wills must be signed in the presence of two witnesses, not related to you or named in the wills. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the wills.
Law Summary - Illinois Mutual Wills Package with Last Wills and Testaments for Married Couple with 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
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