Legal Question in Wills and Trusts in Illinois

Can a hand-written will serve as a legal document?

My husband and I have hand written documentation simply stating: ''At my direction and intention that in the event of my death my surving (wife/husband) or joint tentant, (wife/husband), shall become the sole and absolute owner of all joint tenancy property to the exclusion of other persons.'' We have each signed the docments and have three witnesses, and have had the documentation notorized. Is this a legal document? If so, does this in fact exclude ALL other persons ... including stepchildren and other family members?


Asked on 9/30/02, 5:13 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Can a hand-written will serve as a legal document?

The document is good evidence of your intent, but the best evidence of your intent to pass the property to the other upon death is to acutally transfer each item of property to the two of you as "joint tentants with right of survivorship." Property not so transferred and owned will pass to the decedent's probate estate upon death, subject to the decedent's will or the rules of descent and distribution, even with the document you describe. Thus, it is important to also have a will for any property not owned "in joint tenancy."

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Answered on 9/30/02, 5:19 pm


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