Legal Question in Wills and Trusts in Illinois

witness to signing will

the attorney had aunt sign a will in the hospital, then took it back to his office some time later and had his office staff sign as a witness. Because of the deception can we trust any of the documents witnessed by this person. there was already a will with seven heirs named, then after aunt got alzheimers early stage, property was quit claim deed, will changed, one person gets everything. all done with the same attorney and witness, who we have prof signed as a witness to a will, but was not there.


Asked on 9/21/06, 12:35 am

1 Answer from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: witness to signing will

That's a rather serious charge. To be valid, the witnesses have to personally see the testator (or someone at his/her direction) sign and then sign as witnesses in the presence of the testator. As you have described, the will would not be valid.

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Answered on 9/21/06, 12:50 am


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