What to do if my brother just produced a Will that only has my late mother’s signature and one from a notary?
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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
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 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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