A holographic will is a fancy name for a will that is written entirely by hand and is signed only by the testator. There are no witnesses who have signed the will. Although some states treat holographic wills the same as any other will, they are not given legal effect in Illinois. If you have a holographic will, it would be as if you do not have one at all.
There are several core requirements for a valid will in Illinois:
- The will must be signed by two witnesses
- The witnesses must sign the will in front of the testator
- The witnesses must not be beneficiaries of the will
Holographic wills would cause many legal issues, especially since there is no way of knowing whether they are authentic. There could be multiple drafts of a will, and you would not know which one was the latest. In addition, there could be issues if the will is illegible.
Still, Illinois wills must be in writing to be valid. There is no requirement for the will to be notarized. You cannot have an audio or video will.
You should get advice from an estate planning attorney to know everything necessary about wills. They would advise you that the will needs to be in writing and other legal requirements that you need to know. If you speak to an attorney when times are still good, you do not need to rush or cut corners to get the will signed. This way, your legal documents are in place when your family needs them.
Contact a Lincolnshire Estate Planning Attorney Today
The attorneys at Charles T. Newland & Associates can assist with all your estate planning needs. To speak with a lawyer, you can call us today at 847.797.9300 or send us a message online.