Legal Question in Wills and Trusts in Illinois

While the joint account designation would pass the account outside the estate, arguments can be made, perhaps that the second person was added for convenience and that joint status was not intended. Even if the case is eventually won, it would come at a cost. So, it may not be a bad idea to note it in your will or, at minimum, leave other information, such as a letter to one or both heirs, a note left with the will, ... There are arguments that extrinsic evidence should not be admitted, but likely the will contest would create the room for the admission of such documents. To be safe, I would lean toward a provision in the will. An attorney can also advise regarding the pros and cons of an in terrorem provision to the will. See your attorney to best consider your situation and avoid a lot of money being spent between the heirs.

Please be aware that an account in JTWROS is already outside the will. The function of a will is to assist in distributing assets that are titled to the decedent or payable to the estate of the decedent. Bank accounts are governed by the account agreement with the bank.