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To be valid a will must be in writing and signed by the testator or some person in his presence and at his direction and attested in the presence of the testator by two or more credible witnesses. The witnesses must state in court or in an attestation clause on the will that

1) they were present and saw the testator or some person in his or her presence and at his or her direction sign the will in the presence of the witnesses or that the testator acknowledged it to be his or her act,

2) the will was attested by the witness in the presence of the testator and

3) the witness believed the testator to be of sound mind and memory at the time of signing or acknowledging.

Any gift in a will to a witness or the witnesses’ spouse is void if more than what the witness would get without the will, provided there aren’t two or more other qualified witnesses.

Witnesses should not be family members (potential heirs) or anyone who potentially could benefit from a will’s validity or invalidity. Even if they are permissible witnesses their credibility may be challenged.

Don Thompson is Chicago’s #1 probate attorney. Contact him today for all of your probate needs.

Donald M. Thompson is licensed to practice law by the Supreme Court of Illinois, U.S. District Court in Chicago, U.S. Circuit Court of Appeals for the 7th Circuit, and the U.S. Tax Court. He is a member of the Federal Trial Bar. He is a 1966 graduate of the University of Chicago Law School, where he was in the top quarter of his class and received the Mandel Legal Aid Award. He was assistant professor of law at I.I.T.-Chicago Kent College of Law from 1966 to 1970 teaching tax and property subjects.

He is a member of the Chicago, Illinois, State, American and 7th Federal Circuit bar associations. He serves on the Chicago Bar Association’s tax, trust, probate, securities law and corporation law committees and is past chairman of the corporation law and legal education committees.

He is a member of the Chicago Bar Association’s estate planning, probate, corporation and tax referral panels. He is an Arbitrator for the National Association of Securities Dealers and the Circuit Court of Cook County.

Contact Donald M. Thompson Today.