Illinois Estate and Personal Planning FormsIncluding Will, Power of Attorney and Living Will, Estate Planning Questionnaire and Worksheets. Complete legal Information. |  |
Illinois Estate Law Summary
Note: You can also Access a Personal Planning Package for the State of Illinois. or Prepare a Will OnlineNote: This summary is not intended to provide an all inclusive discussion of the law of wills in Illinois, but does include basic and other information. This summary does not include hand written wills.
Who may make a will: Every person who has attained the age of 18 years and is of sound mind and memory may make a will. 755 ILCS 5/4-1
Signing and attestation: Every will shall be in writing, signed by the testator and attested in the presence of the testator by 2 or more credible witnesses. 755 ILCS 5/4-3
Beneficiary as witness: If a will shall leave property to a witness (or spouse of a witness) to a will, the provision to the witness is void as to that witness, unless the will is witnessed by at least 2 other independent witnesses. However, the witness is entitled to receive so much of the interest given to him by the will to the extnet that he would have received if the will had not been made. (i.e. under the laws of intestate succession).755 ILCS 5/4-6
Note: Click Here for a Personal Planning Package for Illinois.
Revocation of a will: A will may be revoked only
(1) by burning, cancelling, tearing or obliterating it by the testator himself or by some person in his presence and by his direction and consent,
(2) by the execution of a later will declaring the revocation,
(3) by a later will to the extent that it is inconsistent with the prior will or
(4) by the execution of an instrument declaring the revocation and signed and attested in the manner prescribed by this Article for the signing and attestation of a will. 755 ILCS 5/4-7
Description - Illinois Life Documents Planning Package, including Will, Power of Attorney and Living Will
The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.
This package contains the following forms:
- Last Will
- Designation of Standby Guardian
- Appointment of Short Term Guardian
- Statutory General Power of Attorney with Durable Provisions
- Statutory Durable Power of Attorney for Health Care
- Statutory Equivalent of Living Will
- Statutory Power of Attorney for Mental Health Care
- Estate Planning Questionnaire and Worksheets
- Personal Planning Information and Document Inventory Worksheets
- Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
- Designation of Standby Guardian - A standby guardian is someone who has been appointed by the court as the person who will act as guardian of the disabled person when the disabled person's guardian dies or is no longer willing or able to make and carry out day-to-day care decisions concerning the disabled person. By properly completing this form, a guardian is naming the person that the guardian wants to be appointed as the standby guardian of the disabled person. Signing the form does not appoint the standby guardian; to be appointed, a petition must be filed in and approved by the court.
- Appointment of Short Term Guardian - Statutory Form - This form provides for the appointment of a short-term guardian of a disabled person for a cumulative total of up to 60 days during any 12 month period.
- Statutory General Power of Attorney with Durable Provisions - Short Term Power of Attorney for Property - This Power of Attorney is a statutory form which means it has been approved by the state legislature. It provides for the appointment of an attorney-in-fact for various matters, which you select, including property, finances, real estate, business, banking, litigation and many more options. Note: Do not alter this statutory form other than to include the optional provisions listed. Only complete it as desired.
- Statutory Durable Power of Attorney for Health Care - This Power of Attorney for Health Care allows you to appoint a person to make health care decisions for you when you are not capable of making the decision. You may limit this person's authority or the duration of his/her authority to speak for you.
- Statutory Equivalent of Living Will or Declaration - This form is called a "Declaration" and it is the equivalent of a Living Will. It provides instructions to your family and doctors should you have an incurable injury, disease, illness or condition and you are unable to express your wishes with regard to treatment.
- Statutory Power of Attorney for Mental Health Care - This document allows you to make decisions in advance about 3 types of mental health treatment: psychotropic medication, electroconvulsive therapy, and short-term (up to 17 days) admission to a treatment facility.
- Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
- Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.