Legal Question in Wills and Trusts in Illinois
binding trust
In the state of Illinois, is a trust required to be witnessed or notarized to be legally binding?
Asked on 10/22/02, 10:56 am
1 Answer from Attorneys
Jay Pollak
The Pollak Law Firm, LLC
Re: binding trust
A trust neither has to be notarized or witnessed to be a legal document in Illinois. But it must be signed by both the trustee and grantor. It is better if it is witnessed or notarized but it does not effect its legal effect. The purpose of a witness or notary is to reduce or obviate the claim of undue influence or lack of capacity.
Answered on 10/22/02, 11:09 am
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