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Making a Valid Will

755 ILCS 5/4-3 — in writing, signed, and attested by 2 or more credible witnesses

Every person who has reached 18 and is of sound mind and memory may leave their real and personal estate by will.

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Who handles this in Illinois: legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.

  • A will is in writing.
  • It is signed by the person making it, or by someone in their presence and at their direction.
  • It is attested in the presence of the person making it by 2 or more credible witnesses.

A will made after the person was adjudicated disabled and a guardian appointed is presumed void, unless clear and convincing evidence shows they had capacity when they signed it.

Sources for this section (2)
  1. 755 ILCS 5/4-1 — Capacity of testator
  2. 755 ILCS 5/4-3 — Signing and attestation

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.

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