Legal Question in Wills and Trusts in Illinois
Elements of a legal will
I would like to write the following clause in a will of a couple who have 1 child: ''All the rest, residue and remainder of my estate, of every nature and kind, which I may own at the time of my death, real, personal and mixed, tangible and intangible, of whatsoever nature and wheresoever situated, I give, devise and bequeath to my wife, providing she survives me. In the event that my wife shall predecease me or should we both die in some common accident, even though she may survive me--name removed--a period of time up to 120 days, then, all of the property that otherwise would have passed to her under the provisions of this Will, and all of the rest, residue and remainder of my estate, as aforesaid described, I give to my child, namely**or to his issue, in equal share per stirpes. Is this legal in Illinois?
1 Answer from Attorneys
Re: Elements of a legal will
It will be acceptable.