What to do if my brother just produced a Will that only has my late mother’s signature and one from a notary?

UPDATED: Jan 4, 2013

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What to do if my brother just produced a Will that only has my late mother’s signature and one from a notary?

I thought you needed two signatures from other individuals not directly benefitting from the estate?

Asked on January 4, 2013 under Estate Planning, Illinois


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

You are correct that a will in Illinois must be signed by the testator in the presence of two witnesses who also sign.  If any witness is also a beneficiary, the gift to that witness is void.

It is not uncommon for lay people to misunderstand the formalities under which a will must be "executed" (signed).  These formalities are strictly enforced and any will that does not meet them will be rejected.

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