If you wish to make things easier on your family after your death, then you will need to make sure that you at least have a will in place. When creating your will, you must ensure it follows the law so that there are no issues with validity challenges after your death.
The Illinois State Bar Association explains there are a few specific rules state law sets that you must follow when making a will for the court to uphold it.
Personal details
To create a valid will, you must be at least 18 years old. You also must not have mental complications affecting your memory or ability to understand what you are creating. These rules are similar to contract laws that ensure people entering a contract are legally able to do so.
Type of document
You must put your will in writing. It does not have to be in your handwriting but oral wills are not applicable in this state. You also must sign the will with your own signature.
Witnesses
You need to have the signatures of two witnesses who saw you sign the will. They cannot be someone who benefits from the will. The witnesses may have to testify in court during probate or they can complete an affidavit to verify your signature. If you make any changes to your will, you will need two witnesses to sign off on the changes.
It is essential to ensure you abide by all the rules when making your will. Any deviation could be grounds for someone to challenge it during probate. This could result in the court throwing out the whole document, leaving your estate in the hands of the court instead of having it disbursed according to your wishes.
