Simple Will - Illinois

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Article I – Declaration & Revocation
2. Article II – Family Identification
3. Article III – Appointment of Personal Representative
4. Article IV – Payment of Debts & Expenses
5. Article V – Specific Bequests
6. Article VI – Tangible Personal Property Memorandum
7. Article VII – Residuary Estate
8. Article VIII – Guardian of Minor Children
9. Article IX – Fiduciary Powers & Indemnification
10. Article X – No-Contest Provision
11. Article XI – Governing Law & Forum
12. Article XII – Miscellaneous
13. Execution & Witness Attestation
14. Attesting-Witness 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.”

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].

ARTICLE VI

TANGIBLE PERSONAL PROPERTY MEMORANDUM

6.01 Existing Memorandum. If, on the date I execute this Will, a written statement or list disposing of specific items of tangible personal property, signed and dated by me and described as [DESCRIPTION/DATE OF MEMORANDUM, IF ANY], is already in existence, I intend that memorandum to be incorporated by reference into and made part of this Will under Illinois common law. No memorandum prepared or amended after the date of this Will shall have any testamentary effect, and any such later memorandum is precatory only and not binding on my Executor.

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].

ARTICLE IX

FIDUCIARY POWERS & INDEMNIFICATION

9.01 Statutory Powers. I direct that my Estate be administered under independent administration to the fullest extent permitted by 755 ILCS 5/28-1 et seq. My Executor, acting as independent representative, shall have all powers enumerated in 755 ILCS 5/28-8, 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, except as provided in Section 10.03.

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.

10.03 Good-Faith Exception. Consistent with Illinois law, no forfeiture shall be imposed under this Article against a beneficiary who contests this Will in good faith and upon reasonable grounds, even if the contest is unsuccessful, nor against a beneficiary who acts solely in a representative or fiduciary capacity on behalf of a third party without personal pecuniary benefit. Whether a contest was brought in good faith shall be determined by the Probate Court.

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, is not a beneficiary or the spouse of a beneficiary under this Will, and is not a person designated as guardian in Article VIII, (ii) the Testator appeared to be of sound mind and under no undue influence, and (iii) we signed in the presence of the Testator.

Witness #1: ______________________________
Printed Name: ___________________________
Address: ________________________________

Witness #2: ______________________________
Printed Name: ___________________________
Address: ________________________________

ATTESTING-WITNESS AFFIDAVIT (OPTIONAL)

State of Illinois )
County of ______ ) SS.

Before me, the undersigned notary public, personally appeared [WITNESS #1 NAME] and [WITNESS #2 NAME], who, being duly sworn, each stated:

1. Testator executed the foregoing Will on the date thereof as Testator’s free and voluntary act.
2. Each witness, in Testator’s presence and at Testator’s request, signed the Will as witness.
3. 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.

Witness #1 signature: ____________________________________

Witness #2 signature: ____________________________________

Subscribed and sworn before me by [WITNESS #1 NAME] and [WITNESS #2 NAME] this _____ day of ____________, 20___.

____________________________________
Notary Public
My Commission Expires: _____________

END OF DOCUMENT