Are Holographic Wills Legal in Illinois?

By Beverly Bird

The general definition of a holographic will is that it is written by hand and is not witnessed. Different states have varying requirements for accepting these, and some do not accept them at all. In Illinois, the legality of a holographic will depends not on the handwriting but on the witnesses.

Written Form

Chapter 5/4-1 of Section 755 of Illinois’ Code requires that all wills be in writing. Oral, or nuncupative, wills are not accepted. The testator, or the person making the will, must also be at least 18 years of age and have sufficient mental capacity to know what he is doing. If all legal criteria are met and your will is witnessed by at least two credible witnesses, the fact that it is handwritten does not invalidate it.

Witnesses

The witnesses to your holographic will must be adults. If either of them is a beneficiary in your will, you must have three witnesses. If both your initial witnesses are beneficiaries, you will need four. Alternatively, the beneficiary witnesses can waive anything you bequeath them that is more than they would have received if you had died without a will. Your witnesses also cannot be married to anyone who is a beneficiary in your will or the same rule regarding bequests applies to their spouses. Your will is likely to be acceptable if your witnesses meet these rules and sign your handwritten will.

Protect your loved ones. Start My Estate Plan

Signatures

In addition to having the proper witnesses, make sure you sign your handwritten will, as well. Presumably, you are able to do so if you have handwritten the whole will, but if for some reason you are incapable of signing your name at the end, Illinois allows someone else to do it for you as long as it is done in your presence and in the presence of your witnesses.

Exceptions

Holographic wills not signed by witnesses are accepted in Illinois if they were made in another state that does not require witness signatures. Wills that meet the requirements of the state where they were made are generally accepted elsewhere. A will is also valid in Illinois if it is made in another country but meets all the terms of the Uniform International Wills Act.

Protect your loved ones. Start My Estate Plan
Law on the Last Will & Testament in Iowa

References

Related articles

Rules About Wills

Your will explains to those you leave behind how you want them to deal with your property when you die. It also allows you to appoint someone you trust to handle your estate, as well as to appoint a guardian for your minor children. Although there is no set form for wills across all states, a few basic rules can make a will valid in the eyes of a probate court.

The Legality of Wills in Different States

If a will is in printed format, signed by the testator, or the person who is making it, and is witnessed by at least two people, it is accepted as legal in virtually every state as long as the maker is an adult and of sound mind. The exception is Louisiana, which requires that every page of the will -- not just the last page -- be signed by the testator and notarized.

Are Notarized Wills Legal?

In all 50 U.S. states, at least two witnesses are required to make a will valid, according to MedLawPlus. However, only Louisiana requires a will to be notarized in addition to being signed by two witnesses. Although a notary may sign a will as a witness in most other states, the fact of notarization is not enough to make a will valid, according to FindLaw.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

What States Accept Holographic Wills?

A holographic -- also called "olographic" in Louisiana -- will is written in the handwriting of the testator, or the ...

Is a Notary Needed for a Will to Be Legal in Virginia?

Strictly speaking, a notary is not required for a will to be valid in Virginia. This isn’t to say that having a notary ...

Are Handwritten Wills Legal in South Carolina?

In many states, handwritten, or holographic, wills are either not legal, or accepted only if they meet certain ...

Illinois Laws on Wills

A valid will can nominate someone to manage your estate and detail how your property should be distributed when you ...

Browse by category
Ready to Begin? GET STARTED