Legal Question in Wills and Trusts in Illinois
Is a signature contestable in Illinois probate court if it does not include a notary acknowledgement?
2 Answers from Attorneys
There is no statutory requirement for a testator signing an Illinois will to have his or her signature, or that of this or her witnesses, to be signed before a Notary..
Adding some context to your question would be helpful. For example, wills are generally witnessed, not notarized, but certain formalities have to be followed in it being witnessed. Many court documents are filed without notarization. Aside from the question of notarization, if you think the signature is not valid, then you may be able to use other means to contest it, not solely the lack of notarization. Also, there may be other questions, such as competency at the time of signature.
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