Legal Question in Wills and Trusts in Illinois
making a will
What is the best way to go about making a will without the use of an attorney? Can I just write out a narrative of what I want and have it notarized? Do I have to have it notarized? Thank you very much.
--name removed--M.--name removed-- RN, MS, LPC, LCCE, IBCLC
2 Answers from Attorneys
Re: making a will
The best way to make a will without consulting an attorney -- which you just did by the way -- is to arrange for immortality. Hire an attorney to make your will. I once represented a person whose husband used an $80.00 computer program to write his will. My client ended up paying me over $20,000.00 for the appeal from a judgment not recognizing the will, in part because it was not made in the ordinary fashion. And that was just for the appeal. I do not know how must my client's lawyer in the trial court cost. We won the appeal -- and the appellate court ordered the matter back to the trial court to reconsider recognizing the will.
Re: making a will
I agree with Lawrence. You are really taking your chances doing your own will. The Illinois code regarding wills can be quite complex. The forms you can buy in an office supply store or with a computer program are good for probably only the simplest wills. Having an attorney write your will may cost a little up-front, however not having one can be very expensive for your descendants.