How to Draft a Will in Illinois

Drafting a will in Illinois is an important step in ensuring that your assets are distributed according to your wishes after your passing. This legal document provides clarity and direction for your loved ones. Below are the essential steps you need to follow to draft a will in Illinois effectively.

1. Understand the Requirements

According to Illinois law, there are specific requirements that must be met for a will to be considered valid:

• The testator (the person making the will) must be at least 18 years old.
• The will must be in writing, either handwritten or typed.
• The testator must sign the will, or someone else may sign it in their presence and at their direction.
• At least two witnesses must sign the will, who are present at the same time as the testator. They must also be at least 18 years old and not beneficiaries of the will.

2. Decide on the Assets

Make a thorough list of all the assets you own. This includes real estate, bank accounts, stocks, personal property, and any other valuable items. Identifying your assets will help you determine how you want them distributed among your beneficiaries.

3. Choose Your Beneficiaries

Decide who will receive your assets after your death. Beneficiaries can be family members, friends, charities, or any other individuals or organizations you wish to include. Be specific about who gets what to avoid confusion later.

4. Appoint an Executor

Your will should also name an executor, the person who will be responsible for carrying out your wishes as outlined in the document. This individual should be trustworthy and organized since they will handle your affairs and distribute the assets.

5. Draft the Will

You can draft your will using a template, or you may choose to work with an attorney who specializes in wills and estates. An attorney can provide guidance tailored to your unique situation, ensuring that all legal requirements are met and that your will is comprehensive.

6. Include a Residuary Clause

A residuary clause is a provision that dictates how to distribute any remaining assets not specifically mentioned in the will. This step is crucial as it prevents any confusion about unintended assets or properties.

7. Review and Revise

Once you have drafted your will, read it carefully to ensure everything is correct. You may want to review it periodically, especially after major life events, such as marriage, divorce, or the birth of a child, to make necessary updates.

8. Sign the Will

To make your will legally binding, you must sign it in the presence of at least two witnesses. Make sure your witnesses also sign the document. It’s advisable to keep the will in a safe place and to inform your executor and family members of its location.

9. Consider Legal Protections

Illinois law provides an option for a "self-proving" will. This is a will that includes an affidavit signed by the testator and witnesses, proving the validity of the will without requiring further testimony in court. This can simplify the probate process.

10. Store Your Will Safely

Preserve your will in a secure location, such as a safe deposit box or with your attorney. Make sure your executor knows where to find it. Avoid keeping it in a place that may be destroyed or lost easily.

In conclusion, drafting a will in Illinois is a straightforward process if you follow the necessary steps and meet legal requirements. Taking the time to create a clear and lawful will can provide peace of mind for you and your loved ones, ensuring that your final wishes are honored.