Legal Question in Wills and Trusts in Illinois

Re: Legality of Wills

whether the will is valid -- and effective even if valid, is unrelated to notarization. A computer will may be right -- but it may not accomplish what you want.

In Illinois a will must be witnessed by two non-beneficiaries who not only say the person signed it but that they were of sound mind, not under duress. I've seen wills which lack that statement. *IF* the witnesses are still alive and can be located, their testimony or affidavit can be obtained, but if not, the will fails.

In Illinois, no affidavit is now required (it used to be that an affidavit avoided the need to bring in the witness, now that's not necessary). However, some states do require it.

Re: Legality of Wills

Under Illinois probate law, the will does not need to be notarized. It must be signed by the maker (testator) and by 2 "disinterested" (not people named in will or potential heirs/relatives) witnesses, all in the presence of each other.

To be "self-proving" (to not require court testimonay by the witnesses), it should have attestation langauge to the effect of "...believing the testator to be of sound mind and memory at the time of signing".

I would hope that a computer program will would have the optimal language, but I've seem some that are faulty. Moreover, the parties must execute it properly...which I have seen go wrong before as well. All of which points out the prudence of having wills and trusts prepared by attorneys who do this regularly.