LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
[// GUIDANCE: This template reflects Illinois probate requirements (755 ILCS 5/4-1, 4-3, 6-4). Customize bracketed items, delete inapplicable provisions, and review with Illinois counsel prior to execution.]
TABLE OF CONTENTS
- Article I – Declaration & Revocation
- Article II – Family Identification
- Article III – Appointment of Personal Representative
- Article IV – Payment of Debts & Expenses
- Article V – Specific Bequests
- Article VI – Tangible Personal Property Memorandum
- Article VII – Residuary Estate
- Article VIII – Guardian of Minor Children
- Article IX – Fiduciary Powers & Indemnification
- Article X – No-Contest Provision
- Article XI – Governing Law & Forum
- Article XII – Miscellaneous
- Execution & Witness Attestation
- Self-Proving Affidavit (Optional)
ARTICLE I
DECLARATION & REVOCATION
1.01 Identification. I, [TESTATOR FULL LEGAL NAME], domiciled in [COUNTY] County, Illinois, of sound mind and over eighteen (18) years of age, declare this instrument to be my Last Will and Testament (“Will”), hereby revoking all prior wills and codicils.
1.02 Effective Date. This Will is effective upon my death and is governed by the laws of the State of Illinois.
ARTICLE II
FAMILY IDENTIFICATION
2.01 Spouse. My spouse is [SPOUSE NAME].
2.02 Children. My children, if any, are:
a. [CHILD 1 NAME], born [DOB];
b. [CHILD 2 NAME], born [DOB];
c. Additional child(ren) born or adopted after the date of this Will shall be included as my “Children.”
[// GUIDANCE: Add or delete subsections as appropriate. If no spouse or children, state so expressly.]
ARTICLE III
APPOINTMENT OF PERSONAL REPRESENTATIVE
3.01 Designation. I nominate and appoint [PRIMARY EXECUTOR NAME] as Personal Representative (“Executor”) of my Estate.
3.02 Successor. If [PRIMARY EXECUTOR NAME] is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME] as successor Executor.
3.03 Bond. No bond or other security shall be required of any Executor serving hereunder.
ARTICLE IV
PAYMENT OF DEBTS & EXPENSES
4.01 Debts and Administration Expenses. My Executor shall first pay from my Estate:
a. All enforceable debts lawfully owed at my death;
b. Funeral and burial expenses consistent with any letter of instruction;
c. Costs of administering my Estate, including reasonable attorneys’ fees and court costs.
4.02 Taxes. All estate, inheritance, generation-skipping transfer, and similar taxes attributable to my taxable Estate shall be paid from the residue without apportionment, unless expressly provided otherwise.
ARTICLE V
SPECIFIC BEQUESTS
5.01 Monetary Gifts. I give the following sums, free of trust:
a. $[AMOUNT] to [BENEFICIARY NAME];
b. $[AMOUNT] to [BENEFICIARY NAME].
5.02 Specific Property. I devise [DESCRIPTION OF PROPERTY] to [BENEFICIARY NAME].
[// GUIDANCE: Insert additional bequests or delete this Article if none.]
ARTICLE VI
TANGIBLE PERSONAL PROPERTY MEMORANDUM
6.01 Incorporation by Reference. A written statement or list disposing of tangible personal property, signed and dated by me, may be prepared or amended at any time. Such memorandum, if found at my death, shall be incorporated into and deemed part of this Will pursuant to 755 ILCS 5/4-1(b).
ARTICLE VII
RESIDUARY ESTATE
7.01 Definition. “Residuary Estate” means all property, real and personal, wherever situated, not effectively disposed of under preceding Articles.
7.02 Disposition. I give, devise, and bequeath my Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY NAME].
7.03 Alternate Disposition. If [PRIMARY RESIDUARY BENEFICIARY NAME] does not survive me, the Residuary Estate shall pass to [ALTERNATE BENEFICIARY NAME(S)], per stirpes.
ARTICLE VIII
GUARDIAN OF MINOR CHILDREN
8.01 Nomination. If, at my death, any of my Children are minors, I nominate [PRIMARY GUARDIAN NAME] as guardian of the person and estate of such minor Children.
8.02 Successor Guardian. If [PRIMARY GUARDIAN NAME] is unable or unwilling to serve, I nominate [SUCCESSOR GUARDIAN NAME].
[// GUIDANCE: Court retains final authority over guardianship appointments under 755 ILCS 5/11-5.]
ARTICLE IX
FIDUCIARY POWERS & INDEMNIFICATION
9.01 Statutory Powers. My Executor shall have all powers enumerated in 755 ILCS 5/4-10 and 4-11, in addition to those conferred by common law or other statute.
9.02 Discretion. References to my Executor’s “discretion” mean sole, absolute, and unfettered discretion, exercisable without court order unless required by law.
9.03 Indemnification. My Executor and any guardian or trustee serving under this Will shall be indemnified and held harmless out of Estate assets against all liability, loss, cost, or expense, except for willful misconduct or gross negligence. No fiduciary shall be personally liable beyond the assets of the Estate.
ARTICLE X
NO-CONTEST PROVISION
10.01 Forfeiture. If any beneficiary (directly or through another) contests this Will or any trust created by me, or assists in such contest, any share otherwise passing to that beneficiary shall lapse and be added to the Residuary Estate.
10.02 Construction. “Contest” includes initiating, joining, or funding any action to invalidate this Will, to oppose admission to probate, or to challenge any fiduciary appointment. Seeking construction or clarification in good faith shall not constitute a contest.
[// GUIDANCE: In terrorem clauses are generally enforceable in Illinois unless probable cause exists. Counsel should assess current case law.]
ARTICLE XI
GOVERNING LAW & FORUM
11.01 Governing Law. This Will and all rights hereunder shall be governed by and construed in accordance with the laws of the State of Illinois.
11.02 Exclusive Forum. All matters relating to the administration of my Estate shall be heard exclusively in the Circuit Court of [COUNTY] County, Illinois, Probate Division (the “Probate Court”).
11.03 No Arbitration; No Jury. Arbitration is not available, and jury trial is waived for any probate proceeding, to the extent permitted by Illinois law.
ARTICLE XII
MISCELLANEOUS
12.01 Headings. Headings are for convenience only and do not affect interpretation.
12.02 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain effective.
12.03 Survival of Provisions. All exculpatory and indemnification provisions shall survive administration and bind all successors.
EXECUTION & WITNESS ATTESTATION
I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on the date set forth below and declare that I sign and execute this instrument as my Last Will and Testament; that I sign willingly; that I am of sound mind; and that I request the undersigned witnesses to witness my signing.
Date: _//20
[TESTATOR FULL LEGAL NAME], Testator
Witness Attestation
We, the undersigned, witnessed the signing of the foregoing Will by the Testator, who declared it to be Testator’s Last Will and Testament. We affirm that (i) each of us is at least eighteen (18) years of age and not a beneficiary under this Will, (ii) the Testator appeared to be of sound mind and under no undue influence, and (iii) we signed in the presence of the Testator and each other.
Witness #1: ____
Printed Name: _____
Address: ____
Witness #2: ____
Printed Name: _____
Address: ____
[// GUIDANCE: Illinois requires two credible witnesses who sign in the Testator’s presence (755 ILCS 5/4-3). Neither witness should be a beneficiary.]
SELF-PROVING AFFIDAVIT (OPTIONAL)
State of Illinois )
) SS
County of ______ )
Before me, the undersigned notary public, personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], who, being duly sworn, did state:
- Testator executed the foregoing Will on the date thereof as Testator’s free and voluntary act.
- Each witness, in Testator’s presence and at Testator’s request, signed the Will as witness.
- To the best of the witnesses’ knowledge, Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.
Subscribed, sworn, and acknowledged before me by [TESTATOR NAME], and sworn and subscribed before me by [WITNESS #1 NAME] and [WITNESS #2 NAME], this _ day of _, 20.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Filing a self-proved will under 755 ILCS 5/6-4 simplifies probate. Attach this affidavit or execute on a separate sheet.]