What Makes a Will Legally Valid in Illinois?

 Posted on February 28, 2026 in Estate Planning

A will is legally valid in Illinois only if it follows specific rules. If those rules are not followed, the court may refuse to enforce it. Even when people create wills, problems can still arise if the document is outdated or improperly prepared. For example, a 2025 estate planning study found that nearly one in four Americans who have a will have not updated it since creating it. This can create legal risks if the document no longer meets legal requirements or reflects current wishes.

Creating a valid will helps ensure your assets go to the people you choose. If you need to create or update a will in 2026, Farooqi & Husain Law Office can help. Our DuPage County, IL estate planning lawyers for writing wills help individuals and families prepare wills that meet Illinois legal standards and avoid probate problems.

What Legal Requirements Must a Will Meet in Illinois?

According to the Illinois Probate Act, a will must meet all of the following requirements:

• The person creating the will must be at least 18 years old.
• The person must be of sound mind when signing.
• The will must be in writing.
• The person must sign the will voluntarily.
• Two witnesses must sign the will in the person’s presence.

These rules help prove that the will reflects the person’s true decisions. If any step is skipped, the DuPage County probate court may not accept the document.

What Does It Mean To Be of Sound Mind When Signing a Will in Illinois?

Being of sound mind means the person understands what they own, who their family members are, and what the will does. Illinois law focuses on the person’s mental state at the time they sign the will.

Under 755 ILCS 5/4-1, a person can still create a valid will even if they have health issues, as long as they clearly understand their decisions when signing. Problems may arise if someone signs while confused, heavily medicated, or under pressure.

Courts may review medical records, witness statements, and other evidence if someone challenges the will.

Why Does Illinois Require Witnesses for a Will?

Witnesses help prove that the will signing happened properly. Illinois requires two witnesses under 755 ILCS 5/4-3. They must watch the person sign the will and then sign it themselves.

Witnesses help confirm several important facts. They show that the person signed the will willingly, appeared mentally capable, and was not forced into making decisions. This helps prevent fraud and protects the person’s true wishes.

Witnesses should be neutral people who are not inheriting anything under the will. This reduces the risk of future disputes.

Does a Will Need to Be Notarized in Illinois?

Illinois does not require a will to be notarized for it to be valid. However, adding a self-proving affidavit can make things easier later.

A self-proving affidavit is a sworn statement signed in front of a notary. It confirms that the will was signed correctly. This allows the probate court to accept the will without needing witnesses to testify later. This step can help speed up the probate process and reduce delays for family members.

What Happens if a Will Is Not Legally Valid in Illinois?

If a will does not meet legal requirements, Illinois law decides who inherits the property. This process is called intestate succession under 755 ILCS 5/2-1.

Property is usually distributed in the following order:

• A spouse may receive part or all of the estate.
• Children may inherit shares depending on the family structure.
• Parents or siblings may inherit if there is no spouse or children.

This process may leave out people the person wanted to include, such as unmarried partners, friends, or charities.

Contact Our Oakbrook Terrace, IL Estate Planning Attorneys Today

Creating a valid will gives you control over your estate and protects your family from unnecessary legal complications. At Farooqi & Husain Law Office, we help ensure your will meets Illinois legal requirements and reflects your personal and family priorities.

Attorney Naveed brings estate planning experience along with strong knowledge of Islamic inheritance principles, helping Muslim families create plans that align with both Illinois law and their religious values. Attorney Ausaf also provides estate planning guidance informed by his understanding of how Islamic personal law works alongside U.S. estate law, helping families make informed decisions.

Contact our DuPage County, IL will preparation lawyers today. Call 630-909-9114 to schedule a consultation and make sure your will is legally valid and properly prepared.