With the numerous facets of Lombard wills, it is important to make sure that you meet the requirements set forth to ensure that your testamentary document is accepted by the probate courts in the future. With the help of a legal representative, you could draft a concise and clear will that instructs future estate administrators how best to adhere to your wishes.
A last will and testament is a legal document whereby a person bequeaths their property to their beneficiaries as they see fit. It is another word for a will. Anyone in Illinois over the age of 18 could make a will as long as it fulfills the basic requirements and facets of a will, which is that it is in writing, that it is signed, and that it is witnessed by two persons. Some attorneys prefer to call or title the document the last will and testament. Others prefer to just call it a will. For all purposes, those are interchangeable as far as what to call the actual document.
As defined by law, a will in Illinois is a written document signed by the person who is making it and bequeathing property that they held during their life. It has to be in writing. It has to be signed by the person making it, or the testator, and/or it could be signed by a person in their presence who they direct to sign it on their behalf. In that case, it has to be in the presence of two or more witnesses.
A Lombard will could have various components. The most important components as to its validity are that it should be in writing, that it contains the signature of the testator, and that it contains the signatures of two competent witnesses.
For its validity, it is important for the ease of admitting the will to probate to have an attestation clause in which the two witnesses are attesting not only that the person was in their presence when they signed it, but also that they were in the presence of each other and that the testator appeared to be of sound mind and memory. The “of sound and mind memory” part is important for any attestation clause, because that is what the judges would look for when they are proceeding to admit the will to probate.
Other components of a will could be determined by the circumstances, by the drafter, and by the goals that the testator wants to accomplish. Most wills have an identification of the testator’s family, have an identification of their address, and try and make it as clear as possible that this particular will is that of a particular person. It includes certain specifics about the family, like their address, to make sure that there is no case of mistaken identity when dealing with the will.
Almost all wills have a residuary clause so if there is nothing in the will as far as dividing up their property, the residuary clause would be a catchall provision that gives it to a particular person or group of people. Almost all wills appoint an executor or a person in charge of carrying out the will after the testator dies.
The State of Illinois sets forth a number of requirements and facets for wills in Lombard. These requirements are necessary if you wish your estate be delegated in a manner you see fit. Not adhering to these standards could jeopardize your wishes. To ensure that you have taken every step to adhere to these requirements, let an attorney help. Contact an attorney today.