Legal Question in Wills and Trusts in Illinois

Re: notary of witness

No.

Until about 30-40 years ago it was necessary to bring witnesses in to court to testify(which could be complicated if they'd died & you had to prove *their* signatures).

Then Illinois made it easier -- you could prove a will by the witness' affidavit (swearing before a notary), which led to the practice of having them sign an affidavit at the time.

But the current Illinois approach is that if it appears validly signed the will is admitted and interested parties have a right to challenge it -- which means the 99% that are undisputed aren't held up.

Having testator and witnesses sign an affidavit (i.e. notarized) might help prove a will in a state which is still at stage 2, but there are many differences in the state requirements, so it's almost a coin toss.

Re: notary of witness

No.

Re: notary of witness

No; however, wills that are witnessed and notarized may avoid subsequent problems where the will has to be proved. For example, we recently probated a will of a Florida resident, signed in Illinois, which had not been notarized. Under Florida law, it was necessary to locate the witnesses in Illinois and verify that the will was validly executed. So it is recommended.